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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
B. VEERAPPA, J.
Power Grid Corporation of India Limited – Petitioner
Versus
Devendrappa – Respondent
Civil Revision Petition Nos. 1009, 1049, 1050, 1051, 1052, 1054, 1055, 1056, 1057, 1058 of 2011
Decided On : 30.9.2015
Therefore where in an application for compensation filed under Section 16(3), the District Court did not frame proper issues with reference to the pleadings of the parties to the lis inasmuch as the petitioners specifically pleaded and adduced evidence with regard to the diminishing value of their lands, however no issue was framed by the District/Trial Court in this regard, the order passed by the District Court in not giving compensation for diminished value of lands to petitioner cannot be sustained. Consequently for want of proper issue, on the basis of the available pleadings and evidence with regard to the diminution value of the lands and the contention of the Power Grid Corporation throughout the proceedings, that there is no diminution value of the lands, the High Court instead of exercising power under Order 41, Rule 33 of C. P. C. for enhancement of compensation, remanded the matter to the District Court for reconsideration.
Moreover, the District Judge did not consider both the oral and documentary evidence on record i.e., evidence of petitioners and evidence of corporation with regard to diminution value of lands and granted only Rs.1,000/- per gunta which was inadequate without any method of calculation and further directed the respondent-Corporation to calculate the extent of land used for erecting the tower and electric lines in the lands of the petitioners and pay compensation which clearly indicated that the District Judge had no clarity with regard to the lands, erected towers and high voltage wires in the lands of the petitioners and what was the extent lines drawn was not forth-coming and it was not the case of respondent-Corporation that they had all the details of the extent of the petitioner’s lands in which they erected the tower or high voltage wires, in the absence of any material document and in the absence of fixing the diminishing value of the lands and extent determined by the District Judge, the impugned order cannot be sustained in view of the scope and the provisions of Sections 10 and 16(3) of Indian Telegraph Act, 1885. Wherefore, it is appropriate to remand the matter to the District Judge for reconsideration afresh in accordance with law.
1. The above Civil Revision Petitions filed by Power Grid Corporation of India against the common order dated 20.10.2010 made in Misc. Petition Nos. 52 of 2008 to 62 of 2008 on the file of the Principal District Judge, Dharwad, allowing the petitions in part under Section 16(3) of the Indian Telegraph Act, 1885, holding that the petitioners- claimants shall be entitled for compensation of Rs. 1,000/- per gunta towards diminution value of the lands with 10% interest per annum from the date of petitions till realization and also directed the Corporation to calculate the extent of the lands used for erecting tower and electric line in the lands of the petitioners-claimants and pay compensation accordingly.
2. For the sake of convenience, the parties shall be referred to as per their status before the District Court.
3. Since all these cases are arising out of common order, out of common issues involved and common applications filed for compensation against the sole respondent, therefore, all these cases are clubbed together and disposed of by this common order.
4. The petitioners-claimants filed applications under Section 16(3) of the Indian Telegraph Act, 1885 read with Section 151 of the Code of Civil Procedure, 1908 for compensation for use of their lands for erecting electrical tower and transmission line contending that the petitioners lands are situated at Ramapur and Kambarganavi Villages and the respondent-Corporation situated at Kaiga Narendra transmission line and erected the tower transmission line by issuing notices under the Indian Telegraph Act, 1885. They also enquired about the consent of the petitioners and the petitioners have given the consent for erecting the tower transmission line in their lands, subject to condition that the respondent-Corporation must pay compensation to the petitioners adequately for which the respondent-Corporation agreed along with officials and completed the work and thereafter, they have paid meager compensation towards cutting and causing damages to sugar cane, maize and cotton and they have not paid any compensation for the loss of their lands and they cannot use the said lands for cultivation and raise crops and also contended that the compensation towards the lands of the petitioners, extent of the lands used, number of trees or crops situated at the lands, transmission line or transmission tower erected in respect of the lands mentioned are as follows:-
Misc. No.
Sy. No.
Extent of the land AG
Tower or Transmission Line
52/08
14
6
Tower Ramapur
53/08
66
3
Tower Ramapur
54/08
152
820
Tower Ramapur
55/08
105/1
36
Tower Ramapur
56/08
13
1726
Tower Kambarganavi
57/08
110
823
Tower Ramapur
58
491+2+3+ 9
208
Tower Ramapur
59
88
433
Transmission in Ramapur
60
56
901
Transmission in Ramapur
61
83
528
Tower Ramapur
62
34
1538
Transmission in Ramapur
5. The petitioners further contended that the respondent-Corporation has paid compensation only towards cutting and causing damages to the crops and trees, but they have not paid any compensation for loss of the lands of the petitioners for the respective guntas used. Due to erecting the tower, the petitioners cannot cultivate the lands and raise the crops. Even there is no safety to the bullocks and plowing articles, equipment, which should be kept away from shock. The entire value of the land is diminished. If the petitioners want to sell their lands, the purchaser will decrease the land value and there will be loss in the sale price. Therefore, all the petitioners made representation before the respondent-Corporation for proper compensation, but the respondent-Corporation flatly refused the same. Petitioners have taken steps to spend amount for improving their lands and their lands got commercial value. Due to
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