- 1 - HC-KAR NC: 2025:KHC:37157 WP No. 5855 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 5855 OF 2022 (GM-KEB) BETWEEN: YASHODABAI W/O LATE GANGOJIRAO AGED ABOUT 76 YEARS AGRICULTURIST R/O BASAVESHWARA NAGARA RAMPURA MOLAKALMURU TALUK CHITRADURGA DISTRICT 577001 …PETITIONER (BY SRI SPOORTHY HEGDE N., ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, BENGALURU, REP BY ITS MANAGING DIRECTOR, KPTCL, CORPORATE OFFICE, CAUVERY BAVANA, ANGALORE 01. 2. EXECUTIVE ENGINEER MAJOR WORKS DIVISON, KPTCL, R. HANUMANTHAPPA BUILDING, P.B. ROAD, DAVANAGERE - 577 002. 3. ASSISTANT EXECUTIVE ENGINEER (ELECT), MAJOR WORKS DIVSIION SUB-DIVISION-1 KPTCL OFFICE, KPTCL, 3RD CROSS (EAST) JCR CIRCLE, CHITRADURGA - 577 501. …RESPONDENTS [BY SRI H V DEVARAJU, ADVOCATE FOR R1 TO R3 (PH)] Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37157 WP No. 5855 of 2022 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSITTUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN CIVIL MISC 399/2018.DIRECTION, IN THE NATURE OF WRIT, MODIFYING THE JUDGMENT AND AWARD AS PER ANNEXURE-D AND E PASSED BY THE SPECIAL 2ND ADDL. DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA IN CIVIL MISC.NO.399/2018 DATED 03.04.2019 AND 04.04.2019. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging Order dated 03.04.2019 passed by Special II Additional District and Sessions Judge, Chitradurga, in Civil Misc.no.399/2018, this writ petition is filed. 2. Sri Spoorthy Hegde N., learned counsel for petitioner submitted that petitioner was owner of 7.14 Acres of irrigated land bearing Sy.no.10/1B of Obalapura Village, Devasamudra Hobli, Molakalmuru Taluk, over which respondents had drawn 400 KV transmission lines during year 2017-18 with installation of one tower. It was submitted at time of laying of transmission lines, respondents had destroyed groundnut, sunflower, jowar, turdal and other crops on land without paying compensation. Therefore, petition was filed - 3 - HC-KAR NC: 2025:KHC:37157 WP No. 5855 of 2022 before District Court under Section 16 (3) of Indian Telegraph Act, 1885, ('Act' for short) claiming that value of petitioner’s land was more than 10,00,000/- per acre and it had sustained severe diminution of value. 3. On summons, respondents no.1 and 2 did not appear before Court. Hence, they were placed ex-parte. Respondent no.3 though appeared, did not file objections. Learned District Court framed following points for consideration. 1. Whether petitioner is entitle for damages/compensation under the head of decrease of value of the land in view of the installation of power line/tower? 2. If petitioner is entitle for compensation, what is the quantum of compensation? 3. What order? 4. Thereafter petitioner examined herself as PW.1 and got marked copy of Record of Rights ('RoRs' for short) and Sub-Registrar Guidance Value ('SRGV' for short) extract as Exs.P1 and P2. On other hand, respondent no.3 did not enter witness-box, but got marked copy of memo of particulars as Ex.R1. - 4 - HC-KAR NC: 2025:KHC:37157 WP No. 5855 of 2022 5. On consideration, learned District Judge answered point no.1 in affirmative; point no.2 partly in affirmative and point no.3 by allowing petition in part and granting compensation of Rs.60,000/- with interest at rate of 8% per annum. Dissatisfied with same, petitioner had filed this writ petition. 6. It was firstly contended that drawing of Overhead Transmission Lines had led to destruction of value of property and therefore compensation was required to be assessed as per provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, ('Act 2013' for short). It was submitted that learned District Judge erred in not awarding compensation of 100% of market value in respect of area falling under tower. It was further submitted respondents had not paid any compensation towards damage caused to crops and trees felled. It was also submitted fact that petitioner's land was abutting National Highway and therefore, diminution at 50% was not considered. On above grounds sought for allowing writ petition. - 5 - HC-KAR NC: 2025:KHC:37157 WP No. 5855 of 2022 7. On other hand, Sri H.V. Devraju, learned counsel for respondents opposed writ petition. It was submitted, while petitioner being owner of land, over which transmission lines were drawn and petitioner entitled for compensation was not denied, it was submitted that while assessing compensation, learned District Judge had taken note of material available on record and by treating it as adjacent to Obalapura village adopted its value at Rs.86,000/- per acre. As extent of land utilized was 77.29 guntas, applied diminution of value at 30% and awarded compensation of Rs.49,852.50/- and Rs.10,000/- additionally towards tower. Therefore, there was no scope for enhancement. 8. Heard learned counsel for parties and perused material on record. 9. From above, point that would arise for consideration is : "Whether petitioner is entitled for enhancement of compensation as sought for?" 10. At outset petitioner’s contention that assessment of compensation for diminution of value of land and damages has - 6 - HC-KAR NC: 2025:KHC:37157 WP No. 5855 of 2022 to be as per provisions of Act 2013 has been rejected by this Court in similar matter in W.P.no.6309/2022 disposed of on 01.08.2025. 11. Insofar as petitioner's contention that her land was abutting National Highway and therefore diminution value has to be 50%, it is seen that said contention was rejected by learned District Judge by referring to admission elicited from petitioner during cross-examination that petitioner had failed to produce records to substantiate same. Therefore no interference is warranted. 12. Admittedly, there is no dispute about extent of land utilized for drawing of transmission lines and installation of tower i.e. 77.29 guntas. Division Bench of this Court in W.A.no.1375/2024 disposed of on 21.07.2025 has held diminution of value of land due to drawing of Overhead Transmission Lines has to be taken at 30%. Perusal of SRGV marked as Ex.P2 would reveal that value of dry land in Obalapura village was Rs.75,000/-, irrigated land at Rs.73,000/- and garden land at Rs.74,000/-. - 7 - HC-KAR NC: 2025:KHC:37157 WP No. 5855 of 2022 13. In fact learned District Judge has adopted higher market value of land as Rs.86,000/- which is prescribed for irrigated land abutting Obalapura village. Petitioner’s land namely Sy.no.10/1B is not enlisted as abutting village in Item no.228 of SRGV. Apart from same, learned District Judge has awarded a further sum of Rs.10,000/- towards area falling under tower which is over and above compensation towards diminution of value. Such being case, none of grounds urged by petitioner in this case hold any water. No grounds to interfere. Writ petition is dismissed. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 26