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2026 DAILYLAW 20619 (KAR)

RAJAMMA v. THE MANAGING DIRECTOR

WA/1792/2025 · 2026-06-08

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27245-DB WA No. 1792 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO.1792 OF 2025 (GM-KEB) BETWEEN: 1. RAJAMMA W/O LATE BASAVARAJU, AGED ABOUT 70 YEARS, R/AT MALLIGERE VILLAGE, HANDANAKERE HOBLI, CHIKKANAYAKANA HALLI TALUK, TUMKUR DISTRICT-572 226. 2. RATHNAMMA W/O LATE MARULASIDDAIAH AGED ABOUT 70 YEARS, R/AT MATHIGHATTA VILLAGE, HANDANAKERE HOBLI, CHIKKANAYAKANA HALLI TALUK, TUMKUR DISTRICT - 572 119. …APPELLANTS (BY SRI BASAVARAJU M.C., ADVOCATE) AND: 1. THE MANAGING DIRECTOR KPTCL, CORPORATE OFFICE, KAVERI BHAVAN, K.G.ROAD, BANGALORE-560 009. 2. THE EXECUTIVE ENGINEER (ELECTRICAL) KPTCL, NO.3, Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27245-DB WA No. 1792 of 2025 MAJOR WORKS SUB-DIVISION TUMKUR - 572 101. 3. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) KPTCL, NO.3, MAJOR WORKS SUB-DIVISION, TUMKUR - 572 101. …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN W.P.NO.20773/2024 DATED 07.08.2025; AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavit accompanying the application, I.A No.1/2025, the same is allowed, and the delay in filing the appeal is condoned. 2. The appellants have filed the present appeal impugning the order dated 07.08.2025 passed by the learned Single Judge of this Court in W.P. No.20773/2024 [GM-KEB]. The appellants had filed the said writ petition inter alia impugning the Corrigendum - 3 - HC-KAR NC: 2026:KHC:27245-DB WA No. 1792 of 2025 Notification bearing No.KANIEM (VI) / SAKANIEM (KA)/BRUKAVI/THU/2023-24/1902-1905 dated 18.07.2023 [impugned notification] issued by respondent No.2. The petitioners also sought direction for the respondents to remove the electrical towers erected on the land bearing Survey No.11/3 measuring 35 guntas situated at Malligere Village, Handanakere Hobli, Chikkanayakanahalli Taluk, Tumkur District and Survey No.198/1 measuring 2 acres 33 guntas situated at Mathighatta Village, Handanakere Hobli, Chikkanayakanahalli Taluk, Tumkur District. 3. Appellant No.1 is the owner of the land falling in Survey No.11/3 and Appellant No.2 owns the aforementioned land falling in Survey No.198/1. They are essentially aggrieved by the respondents' action in drawing electricity transmission lines over the subject lands. 4. Respondent No.2 had issued a Notification dated 13.12.2022 under Section 67 of the Electricity Act, 2003. The English translation of the said notification is set out below: - 4 - HC-KAR NC: 2026:KHC:27245-DB WA No. 1792 of 2025 "Karnataka Power Transmission Corporation Limited C.I.N/U40109KA1999SGC025521 No.KANIEE(VI)/KPTCL (K)/SAKANI(KA)/BRUKAVI/THU/2022- 23/4651-55 Date: 13.12.2022 Notification Karnataka Power Transmission Corporation Limited (KPTCL), in accordance with Section 67 of the Electricity Act, 2003, has formulated a scheme and this scheme has been published here. This notification is issued to provide information about the schemes to the public, as per Section 67(2)(c). The details of the scheme, and any related information, which is relevant to the licensee and others, are as follows: 1) Scheme Name: Construction work for a new 110 MVA 110/11 kV Substation near Mattighatta Village, Andanakere Hobli, Chikkanayakanahalli Taluk, Tumakuru District, and the construction of a 7.772-kilometer long 110 kV Double Circuit Tower line from the existing 110/11 kV Andanakere Substation to the proposed Mattighatta village 110/11 kV Substation, along with the construction of 1 number of Terminal Bay at the 110/11 kV Andanakere Substation. Objective: To improve the voltage condition and manage future load growth in the areas of Kamalapura, Bevinahalli, Aralakatte, Davanada Hosahalli, Kodaipalya, Soralamavu, Chalakatte, Mattighatta, Malligere, Hosuru, and surrounding areas within Andanakere Hobli, Chikkanayakanahalli Taluk, Tumakuru District. The project's route: Tumakuru District, Chikkanayakanahalli Taluk, Andanakere Hobli, Andanakere Survey Nos.: 360, 355, 359 Lingadahalli Survey Nos.: 81, 82, 91, 92, 93, 55, 56, Soralamavu survey Nos.:82, 83, 39, 78, 76, 73, 46, 45, 18, 19, 43, 42, 41, 39, 37, 38, 205, bandarehalli Survey Nos.: 33, 34, 57, 106, 207, Mattighatta Survey Nos.: 200, 199, 198, 187, Malligere Survey Nos.: 13, 15, 18, 57, 56, 55, 54, 69, 52, 70, 50, 49, 83, 82, 84, - 5 - HC-KAR NC: 2026:KHC:27245-DB WA No. 1792 of 2025 112, 111, 123, 124, 125, 133, 128, 132, 130, 134, 135, 137, 120, 121, estimated cost 1,113.00 lakhs. 2) Name of the Project: The work involves the construction of a 66 KV LILO transmission line to the newly proposed 2*8 MVA 66/11 kV Substation near Doddagrahar village in Kalambella Hobli, Sira Taluk, Tumakuru District. This line will span 4.555 kilometers on 110 kV Double Circuit (DC) towers, originating from the existing 66 kV Antarasanahalli- Sira transmission line and terminating at the proposed Doddagrahar 66/11 kV Substation. Objective: is to improve the existing voltage condition and manage future electrical load in the surrounding areas of Chikkannahalli, Dodda Agrahara, Halenahalli, Vaddanahalli, Chikka Agrahara, Nimbe Marada Halli, Kambada Halli, Ranganathapura, Guddada Rangana Halli, and Handi Mulk, which fall under Kalambella Hobli, Sira Taluk, Tumakuru District." The project's route: the project's root passes through Village Numbers 31, 46, 263, 47, 156, 157, 158, 162, 161, 163, 164, 296, 295, 166, 131, 299, 300, 301, 302, 303, 304, 305, 306, 130, and 297 in Kalambella Hobli, and Village Numbers 16, 27, in Bukkapatna Hobli kenchappanahalli and Village Numbers 31, 34, 33, 43, and 45 in Dodda Agrahara, all located in Sira Taluk, Tumakuru District, with an estimated cost of `1,218.00 Lakhs. KAVIPRANINI (Karnataka Power Transmission Corporation Limited - KPTCL, or the relevant entity) shall possess and exercise all powers available under Section 13 of the Indian Telegraph Act, 1885, to execute the above-mentioned schemes, and any objections regarding this project must be submitted within 30 days from the date of publication to the Executive Engineer (Electrical), Major Works Division, KAVIPRANINI, Tumakuru. Signature The Executive Engineer (Electrical) Major Works Division KAVIPRANINI, Tumakuru" - 6 - HC-KAR NC: 2026:KHC:27245-DB WA No. 1792 of 2025 5. The appellants contended that their lands were not reflected in the said notification. However, the respondents deviated from the original route and laid electricity transmission lines across the appellants' subject lands. It is stated that after the Notification dated 13.12.2022 was issued, notice dated 13.06.2023 was issued to appellant No.1 for acquisition of the land and she was called upon to file the necessary documents for receiving compensation for the same. 6. The appellants state that the electricity transmission lines were required to pass through Survey No.13 of the said village, which is situated approximately half a kilometre away from the subject lands. However, the earlier sketch was changed, and electricity transmission lines were drawn over the subject lands. 7. The learned Single Judge noted that a Corrigendum Notification dated 18.07.2023 had been issued, which included the lands falling in Survey No.11/3 belonging to appellant No.1 and the lands falling in Survey No.198 belonging to appellant No.2 were included in the first Notification dated 13.12.2022. - 7 - HC-KAR NC: 2026:KHC:27245-DB WA No. 1792 of 2025 8. Thus, insofar as the grievance of appellant No.2 is concerned, the same is based on an erroneous premise that her lands were not included in the project route contemplated in the Notification dated 13.12.2022. 9. Insofar as appellant No.1 is concerned, it is conceded that the lands owned by her were included by the impugned notification dated 18.07.2023. 10. In the aforesaid view, we find no fault with the action of the respondents in drawing the electricity transmission lines over the lands belonging to the appellants. 11. The learned Single Judge has also found no fault in the respondents deviating from the proposed lands and observed that a certain degree of leeway is always available to the authorities while choosing an ideal area for the installation of the transmission lines. 12. Insofar as compensation is concerned, the learned Single Judge reiterated that the appellants would have the right to seek compensation under the provisions of the Act. - 8 - HC-KAR NC: 2026:KHC:27245-DB WA No. 1792 of 2025 13. We concur with the impugned order and find no ground to fault in the said decision. 14. The appeal is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE MBM List No.: 1 Sl No.: 4