JUDGMENT :

These intra-court appeals are filed challenging the order dated 11.08.2011 passed by the learned Single Judge of this Court in W.P.Nos.5578/2010 and 8078/2010.

2. W.A. No.373/2012 is filed by the land losers/petitioners challenging the quantum of compensation determined by the District Judge which was enhanced by learned Single Judge of this Court, while W.A. No.550/2012 is filed by the Karnataka Power Transmission Corporation Limited (henceforth referred to as ‘Corporation’ in short) challenging the quantum of compensation determined by the learned Single Judge in W.P.Nos.5578/2010 and 8078/2010.

3. The facts leading to the filing of W.P.Nos.5578/2010 and 8078/2010 are that the land bearing Sy.Nos.202/1A and 202/2A situate at Metikurke Village, Hiryur Taluk, Chitradurga District were converted from agricultural to non-agricultural industrial purposes. The land losers/ petitioners purchased the above land in terms of a sale deed dated 05.08.1992 to install a decorticating factory. They got a plan sanctioned for the building. It is stated that a portion of the land in question was acquired by the National Highway Authorities for widening the NH-4 and determined the market value of the land so acquired at Rs.75/-per sq.ft. and passed an award on 24.06.2005. Later, the Corporation drew high tension cables over a portion of the land which divided the property into two pieces. The land losers/petitioners claimed compensation which was denied by the Corporation. The land losers/petitioners therefore filed W.P.No.23600/2005 to direct the Corporation to remove the high tension power line and the high tension tower constructed on their land. The writ petition was disposed of directing the land losers/petitioners to claim compensation in accordance with Section 16 of the Indian Telegraph Act, 1885. The land losers/petitioners therefore, sought compensation at the rate of Rs.350/-per sq.ft. as on the date of using the land for installation of high tension tower and the electric line. The land losers/petitioners contended that after acquisition of 18 guntas of land for the highway, 50% of the remaining land to an extent of 2 acres 29 guntas could not be used for industrial purposes in view of the overhead high tension line passing through the land.

Therefore, they claimed compensation at the rate of Rs.350/-per sq.ft. for 50% of the land out of 2 acres 29 guntas along with interest at the rate of 12% p.a. from the date of installation of the said High Tension Tower and electric line. When the Corporation failed to pay the compensation, the land losers/petitioners filed a Miscellaneous Petition No.16/2006 before the Principal District Judge at Chitradurga under Section 16(3) of the Indian Telegraph Act, 1885 seeking compensation at the rate of Rs.350/-per sq.ft. for 50% of the land out of 2 acres 29 guntas with interest at the rate of 12% p.a. from the date of installation of high tension tower and electric line. The District Judge in terms of the Order dated 05.11.2007 allowed the petition and determined the market value at a sum of Rs.65/-per sq.ft. and held that the land losers/petitioners were entitled to compensation of Rs.17,33,550/-with interest at the rate of 6% p.a. from the date of filing of the petition till payment.

4. The Corporation challenged this order before this Court in W.P.No.3260/2008 while the land losers/petitioners also filed W.P.No.10517/2008 for enhancement of the compensation. The writ petitions were disposed of in terms of an order dated 09.09.2009 in terms of which, the claim of the land losers/petitioners was ordered to be reconsidered.

5. Based on the aforesaid said order, the District Judge conducted proceedings, passed an order dated 08.12.2009 determining the market value of the property at a sum of Rs.38,500/-as against the earlier quantified amount of Rs.17,33,550/-.

6. Being aggrieved by the aforesaid order of the District Judge, the land losers/petitioners filed W.P.Nos.5578/2010 and 8078/2010.

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