- 1 - HC-KAR NC: 2025:KHC:54735 WP No. 10984 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.10984 OF 2025 (GM-KEB) BETWEEN: RAJAPPA @ RAJAPPA P.N. @ RAJAPPA N.B. S/O LATE NAGAPPA, AGE 57 YEARS, AGRICULTURIST, R/O KATANAHATTI VILLAGE, BEERENAHALLI POST, HIRIYUR TALK, CHITRADURGA DISTRICT-572 143. …PETITIONER (BY SRI R. SHASHIDHARA, ADVOCATE) AND: 1. MANAGING DIRECTOR M/S. RENEW POWER LIMITED, COMMERCIAL BLOCK-I, ZINE-6, GOLF COURSE ROAD, DLF CITY PHASE-V, GURGAON, HARYANA-122 009. 2. THE BRANCH MANAGER, RENEW POWER LIMITED, QUEENS PARADISE, #16 GROUND FLOOR, CURVE ROAD, TASKER TOWN, NEAR INDIAN EXPRESS CIRCLE, BENGALURU-560 051. …RESPONDENTS (BY SRI SHIVA KUMAR N., ADVOCATE FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE JUDGMENT AND AWARD PASSED BY THE II ADDITIONAL DISTRICT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54735 WP No. 10984 of 2025 AND SESSIONS JUDGE AT CHITRADURGA IN CIVIL MISC NO.74/2022 DATED 03.03.2025 VIDE ANNEXURE-E. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has called in question the Judgment and Order dated 03.03.2025 passed by the II Additional District and Sessions Judge, Chitradurga (‘trial Court’ for short) in Civil Miscellaneous No.74/2022, whereby the claim petition filed under Section 16(3) of the Indian Telegraph Act, 1885 (‘Act’ for short) seeking enhancement compensation for diminishing in land value on account of erection of the high tension electricity transmission line came to be dismissed. Brief facts: 2. The petitioner is the absolute owner and cultivator of the agricultural land bearing Sy.No.129/8, measuring 6 acres 23.08 guntas situated at Beerenahalli Village, Hiriyur Taluk, Chitradurga District. The - 3 - HC-KAR NC: 2025:KHC:54735 WP No. 10984 of 2025 respondents erected a 400/220 KV high tension transmission line and tower over a portion of the petitioner's land, covering about 1 acre 20 guntas resulting in destruction of standing crops, removal of perennial trees and permanent restriction on agricultural use of the corridor area. It is stated that though an amount of ₹12,00,000/- was paid pursuant to the proceedings before the Deputy Commissioner, the petitioner contended that the said compensation was confined only to the crop loss, trees and incidental charges and no compensation was ever assessed or paid towards diminishing in the market value of the land. 3. On this premise, Civil Miscellaneous No.74/2022 was filed seeking determination of compensation for diminishing in land value, which came to be dismissed by the impugned order giving rise to the present writ petition. 4. Heard learned counsel for the petitioner and the learned counsel for the respondents. - 4 - HC-KAR NC: 2025:KHC:54735 WP No. 10984 of 2025 5. The learned counsel for the petitioner submits that the Deputy Commissioner's order and payment particulars do not disclose any assessment of compensation towards diminishing in land value. The Court below proceeded on an erroneous assumption that the compensation paid covered all heads without framing a clear issue or recording a finding specifically on the diminishing value. 6. Learned counsel places reliance on the payment memo-Ex-R2 stating that it is misplaced as it only reflects the compensation for corridor, crops, trees and bore well and not for payment loss of land value. The dismissal of the claim petition without proper appreciation of evidence amounts to failure to exercise jurisdiction vested under Section 16(3) of the Act. 7. Per contra, the learned counsel appearing for the respondents justifies the judgment and order of the - 5 - HC-KAR NC: 2025:KHC:54735 WP No. 10984 of 2025 trial Court and submits that the same does not warrant any interference. 8. According to the learned counsel, the compensation of ₹12,00,000/- was paid and received by the petitioner without protest and the compensation assessed by the Deputy Commissioner included all permissible heads and granting further compensations would amount to double payment and sought for dismissal of the writ petition. 9. On careful consideration, this Court finds that the Court below has failed to properly address the core issue as to whether the compensation for diminishing in land value was assessed and paid at all. The reasons proceed on a general conclusion that compensation was already paid without specifically determining as to whether the statutory determination of the diminishing value which is distinct and independent head under Section 16(3) of the Act. The Co-ordinate bench of this Court in the case of - 6 - HC-KAR NC: 2025:KHC:54735 WP No. 10984 of 2025 Executive Engineer and Another Vs. Doddakka1 (Doddakka) has observed at paragraph Nos.24 and 25 as under: “24. As regards the diminution value of the land falling within the corridor, the learned District Judge having determined the market value of the land has awarded 50% of the same as diminution value. It cannot be disputed that though the farmer is not capable of growing trees underneath the corridor, he is not totally deprived of utilizing the land for carrying out other agricultural operations. He is entitled to grow other crops, which may not affect the high voltage transmission line. Though the farmer is deprived of the opportunity to utilize the land to its full potential and grow horticulture crops, particularly consisting of trees and other luxurious shrubs, he is capable of utilizing the land. The title of the land continues to vest in him. It is, no doubt, true that his access to the land and use of the same by erecting any pole, shed or any other installation will be restricted. In a case like this where high voltage transmission line is drawn across the land, utilization of the other portion of the land is also affected. Therefore, all these factors have to be taken into consideration before determining the 1 WP.No.39979/2013, D.D.06.08.2014 - 7 - HC-KAR NC: 2025:KHC:54735 WP No. 10984 of 2025 diminution in the land value on account of drawing of high voltage electrical line. If these relevant factors are borne in mind, particularly having regard to the photographs produced and the evidence adduced by the claimant – land owner, I find that 30% of the market value of the area affected shall have to be paid as diminution value of the land to the farmer. 25. The market value of the land has been determined at Rs.2,00,000/- per acre based on the evidence on record, particularly the certificate issued by the Sub Registrar. There is no scope to interfere with the valuation of the market value made by the learned District Judge. Therefore, the only modification that can be made in awarding the diminution value is that instead of 50% of the market value awarded by the learned District Judge, it has to be calculated at 30%. If so done, the diminution value of the land comes to Rs.42,705/- (Rs.5,000/- per gunta X 28.47 guntas X 30/100 =42,705/).” 10. Perusal of the impugned order would indicate that the Court below has not examined i) whether the Deputy Commissioner's order in fact covers the diminution - 8 - HC-KAR NC: 2025:KHC:54735 WP No. 10984 of 2025 in land value, ii) whether the evidence on record justifies rejection of the claim under that head and iii) whether the petitioner's acceptance of compensation of crop loss and damages would bar consideration of diminishing value. 11. The non-consideration of the above vitiates and the impugned order therefore cannot be sustained and the matter requires fresh adjudication after proper appreciation of pleadings, evidence, and settled principles of law governing compensation for transmission of lines. 12. Without expressing any opinion on the merits of the rival claim, the matter requires reconsideration by the trial Court after proper appreciation of pleadings, evidence, and the legal principles governing the compensation for transmission line corridors. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. - 9 - HC-KAR NC: 2025:KHC:54735 WP No. 10984 of 2025 ii. The Judgment and Order dated 03.03.2025 passed in Civil Miscellaneous No.74/2022 by the II Additional District and Sessions Court, Chitradurga is set aside. iii. The matter is remitted back to the trial Court for fresh consideration in accordance with law. iv. The parties shall appear before the trial Court on 08.01.2026 without awaiting further notice. v. All contentions of the parties are kept open. vi. The trial Court shall examine whether the Deputy Commissioner has undertaken a conscious, reasoned and an independent assessment of diminishing in land value of the land caused due to the laying of high tension transmission line and if such assessment is not assessed, proceed to determine and quantify the compensation towards diminishing of land value as a distinct head, and re-examine the evidence relating to crop loss and other claim. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT /List No.: 3 Sl No.: 3