The main legal point established in the judgment is the court's authority to modify the compensation awarded by the Trial Court in a land acquisition case, specifically in the context of valuation of trees and determination of total compensation.

JUDGMENT

1. Smt. Padma S.Uttur, learned counsel for petitioners and Sri. Chandrashekar P.Patil, learned counsel for respondent have appeared in person.

2. For the sake of convenience, the status of parties is referred to as per their rankings before the Trial Court.

3. The petitioner filed a petition in Civil Misc.No.10009/2015 before the V Additional District and Sessions Judge, Tiptur, and sought for enhanced compensation. It is stated that the petitioner is the owner of the land bearing Survey No.63/4 situated at Melanahalli Village, Dhabbeghatta Hobli, Turuvekere Taluk. The KPTCL has drawn 220/110 KV Electric Transmission Line from Nonavinakere to G.Gungarumale Tapping Point and the same passed through petitioner's land. It is said that they have cut and removed fruit bearing trees and crops. It is stated that the compensation paid is very meager and the Authority has not adopted capitalization method and adopted an unscientific method and the compensation paid is not in accordance with the market rate of the relevant year. It is also stated that since there is a drawing up of Electric Transmission Line over the land, there is diminution of value of the land and hence, he prayed for enhancement of compensation with interest. After the issuance of the notice, the KPTCL filed statement of objections. They admitted that they have drawn 220/110 K.V Electric Transmission Line and which passes through the petitioner's land. The compensation awarded by the Authority is based on the report of the Senior Assistant Director of Horticulture. Hence, the compensation paid is just and proper. Accordingly, they prayed for the dismissal of the petition. The petitioner - M.R.Thopegowda was examined as PW-1 and produced 8 documents which were marked as Ex.P-1 to P-8. One D.H.Venkatesh, was examined as RW1 and no documents were produced. On the trial of the action, the Trial Court vide order dtd. 14/12/2018 awarded compensation of Rs.2,02,560.00 (Rupees Two Lakh Two Thousand Five Hundred Sixty Only) with interest at the rate of 8% per annum from the date of filing of petition till the date of recovery. It is this order which is challenged in this Writ Petition under Articles 226 & 227 of the Constitution of India on various grounds as set out in the Memorandum of Writ Petition.

4. Smt.Padma S.Uttur, learned counsel submits that the Trial Court erred in not appreciating the fact that the KPTCL have paid the compensation based on the report of the Senior Assistant Director of Horticulture Department. He has assessed the compensation to be paid on the formula and guidance issued by the Government of Karnataka from time to time. The compensation paid was just and proper. Hence, interfering with the same by further enhancing the compensation has resulted in causing great prejudice to the interest and right of the Authority. Next, she submitted that the Trial Court has awarded Rs.15,000.00 (Rupees Fifteen Thousand only) per Neem Tree, Rs.30,000.00(Rupees Thirty Thousand only) per Teak tree and the same is exorbitant hence it requires modification. Lastly, she submitted that learned Trial Judge erred in not taking into consideration the vital and key facts that the Authority have already paid the compensation and the petitioner has received the same without any protest nor has he filed any objections before the Horticulture Department regarding assessment of valuation of the trees. Hence, a grave error has committed by enhancing the compensation and the award of 8% interest is totally unsustainable in law. Accordingly, she submitted that award of compensation requires modification and therefore, submitted that the Writ Petition may be allowed. Sri.Chandrashekar P.Patil, learned counsel submits that the petitioner has urged several contentions and he has also filed writ petition seeking enhancement of compensation in respect of Honge Trees. Accor