Sri.V.F.Kumbar, learned counsel for petitioner and

Sri.H.V.Devaraju, learned counsel for respondent-5, have

appeared through video conferencing.

3

Sri.Shivananda D.S., learned Additional Government

Advocate for respondents 1 to 4, has appeared in-person.

The short facts are stated as under:

It is stated that the petitioner is the absolute owner

of the land bearing No.23 of Mallasandra Village,

Thondebhavi Hobli, Gowribidanuru Taluk, Chikkaballapura

District, measuring 02 Acres 04 Guntas which is succeeded

by him through his ancestors.

The Executive Engineer (Ele) KPTCL Kolar, the fifth

respondent addressed a letter on 31.01.2020 intimating

the petitioner about establishing 1x12.5 MVA, 66/11 K.V.

Sub-Station along with construction of 66 K.V. LILO line for

a distance of 9,656 kilometers on DC towers from existing

66 K.V Gowribidanuru - Doddaballapura line to proposed

66/11 K.V Alipura sub-station in Gowribidanuru Taluk,

Chikkaballapura District on partial term key basis.

4

It is said that in order to establish this line 2, the 66

KV

line

passed

through

Alakapura,

Dyavarahalli,

K.Chikkenahalli,

Mallasandra,

Alipura

Villages

in

Thondebhavi Hobli and Kondapura Village in Hosur Hobli,

Chikkaballapura District. The aforesaid 66 KV line is to be

established by installing towers of A-Type, C-Type and D-

Type with an extent of area of normal tower, 3 meter

extension tower and 6 meter extension tower, as the said

towers and power lines are to be drawn in the agricultural

lands and therefore, requested the Deputy Commissioner,

Chikkaballapura, to hold a meeting for determination of

compensation

amount

payable

to

the

concerned

agriculturist/land holders.

On receipt of the letter received by the Deputy

Commissioner from the Executive Engineer, the Deputy

Commissioner, Chikkaballapura directed the Assistant

Commissioner and the Tahasildar to hold a meeting of

farmers/land owners with regard to drawing up of a high

tension power lines and installation of towers as required,

5

for the area which is to be installed towers and drawing up

of high-tension line, the area which is being used by the

Office of the KPTCL in the land belongs to the landowners

become fallow and not in a position to grow any crops.

Therefore, for the said purpose, the compensation is to be

determine and to fix the compensation. The notices were

issued to attend meeting with the Assistant Commissioner

and the Tahasildar.

It is averred that the Tahasildar after conducting a

meeting with the land owners including the petitioner,

submitted

a

report

to

the

Assistant

Commissioner

regarding fixation of compensation amount payable to the

agriculturist/land owners.

On

receipt

of

the

report

submitted

by

the

Tahasildar, the Assistant Commissioner addressed a letter

to the Deputy Commissioner stating that a sum of

Rs.3,600/- (Rupees Three Thousand Six Hundred Only)

per square meter may be paid to the area where the

towers are to be installed/constructed and the area where

6

the high tension wire was drawn the compensation is

payable at the rate of Rs.2,00,000/- (Rupees Two Lakhs

Only) per acre to the

landowners/agriculturist and in

addition to that if there are any trees or any horticulture,

for such trees and horticulture crops, the concerned

Department is required to assess the compensation.

Further, if there are any building, well, or borewell are in

existence for such those things, the PWD Department is

required to determine the compensation and the said

compensation

will

be

paid

to

the

landowners/

losers/farmers and agriculturist respectively.

It is said that after receiving of the report and the

letter from the Tahasildar and the Assistant Commissioner,

the Deputy Commissioner issued an Official Memorandum

fixing the rate of compensation payable to the land losers

to an extent of Rs.3,600/- (Rupees Three Thousand Six

Hundred Only) per square meter for the total area where

the towers are being installed. Insofar as drawing up of the

high