The petitioners have filed the present writ petition for writ of certiorari to quash the order dated 13.12.2013 made in Misc. No.68/2011 passed by the learned Addl. District and Sessions Judge, Chitradurga awarding a compensation of Rs.58,462/with 6% interest per annum from the date of the petition till date of payment.

2. The rank of the parties are referred to as per their ranking before the Trial Court.

3. The respondent, who is land owner filed Misc. Petition under the provisions of Section 16(3) of Indian Telegraph Act, 1885 claiming total compensation of Rs.7,70,000/with 12% interest for diminution value of land and loss of the crops and trees in respect to the property utilized by the petitioners contending that he is the owner of the agricultural irrigated land bearing Sy.No.134/P1 measuring 5 acres 32 guntas situated at Sajjanakere village, Kasaba Hobli, Chitradurga Taluk, out of which an extent of 46.77 guntas of land was utilized by the respondents/present petitioners in order to transmit electricity line for drawing 440 K.V. high tension double circuit electricity line including corridor land both left and right side from the center point for drawing electricity line. The respondents have paid only Rs.4,260/, meager amount of compensation and it is stated that the land of the petitioner is black fertile agricultural land and he has grown groundnut crops. After deducting expenses, he was getting Rs.1,50,000/income from 3 acres and in view of drawing up of the line, he has lost groundnut crops for the relevant year to the tune of Rs.1,50,000/and respondents has destroyed the trees worth about Rs.20,000/. The value of the land in the village per acre is more than Rs. 2 lakhs and land is potential for non-agriculture and he has also dug bore well. In view of the drawing up of the line 440 K.V. by the respondents, he is not in a position to utilize the land to make it as garden land. Therefore, in all he claimed compensation of Rs.1,50,000/towards loss of crops, Rs. 6,00,000/towards the diminishing value of land utilized by the respondents, Rs.20,000/towards the value of trees destroyed, in total Rs.7,70,000/with 12% interest.

4. The respondents/petitioners filed objections, denied the averments made in para –2 of the petition and contended that the compensation amount paid to the landlord was finally settled and respondents issued cheque bearing No.640716 for a sum of Rs.4,260/towards the loss of crops and other damages caused to the land and matter is fully settled. It was further contended that the petitioner claimed the compensation for the land in the petition. There is no provision under the Act. Therefore, the petitioner is not entitled to compensation in respect of land and further contended that the respondents have erected the electricity line of 440 K.W. double circuit line in the land of the petitioner in the year 2008-09 and respondent paid compensation to the petitioner. The petitioner’s land is dry land and he is yielding all the crops after erection of line also. There is no loss or damage caused to the petitioner and hence sought for dismissal of the petition.

5. To substantiate the case of the respondent-landlord who is petitioner before the District Judge, examined as PW1 and marked documents at Ex.P.1 to 4. The present petitioners/respondents before the District Judge have not led any evidence, but a memo of calculation as per Ex.R.1 was marked with consent.

6. The learned District Judge based on aforesaid pleadings, framed two following points for consideration.

i. Whether the petitioners in Misc. 68/11 are entitled for compensation under the head loss of diminution of value of their lands, when electricity lines were drawn?

ii. If petitioners are entitled for compensation, what is the amount to be paid towards compensation?

And ultimately held that the petitioner partly proved that he is entitled for compensation under the head of loss of diminishing value of the land and crops and accordingly the p