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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR.JUSTICE S.G.PANDIT

WRIT PETITION NO.12607 OF 2017 (GM-KEB)

BETWEEN:

1.

THE EXECUTIVE ENGINEER (ELECTRICAL)

MAJOR WORKS DEPARTMENT,

KARNATAKA POWER TRANSMISSION

CORPORATION LTD.,

KOTHITHOPU ROAD,

TUMAKURU-572 102.

2.

EXECUTIVE ENGINEER (ELECTRIC)

NO.2, MAJOR WORKS DEPARTMENT,

KARNATAKA POWER TRANSMISSION

CORPORATION LTD.,

OFFICE OF OLD ZILLA PANCHAYATH OFFICE,

KOTHITHOPU ROAD,

TUMAKURU TALUK AND DISTRICT-572 102.

&.PETITIONERS

(BY SRI.SHIRISH KRISHNA, ADVOCATE)

AND:

SRI. L. S. NANJUDAIAH @ NANJUNDAPPA

S/O. SOMANNA,

AGED ABOUT 50 YEARS,

RESIDING AT LAKKENHALLI VILLAGE,

KASABA HOBLI, GUBBI TALUK,

TUMAKURU DISTRICT,

PIN-572 216.

&.RESPONDENT

(BY SRI.SHIRISH KRISHNA, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO

QUASH

THE

ORDER

6.2.2016

PASSED

IN

MISC.PETITION NO.182/2014 VIDE ANNEX-A BY HON'BLE

I ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU.

THIS

WRIT

PETITION

COMING

ON

FOR

PRELIMINARY HEARING 'B' GROUP,THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

The petitioners, KPTCL authorities are before

this Court under Articles 226 and 227 of the

Constitution of India, assailing the judgment dated

06.02.2016 in Misc.No.182/2014 passed by the

District and Sessions Judge, Tumkur, by which the

learned

Trial

Judge

has

awarded

enhanced

compensation of Rs.5,24,000/-(as there is mistake in

adding it is shown as Rs.8,94,000/-) with interest at

the rate of 8% per annum for the damage caused to

the trees while drawing the high tension electric line

over the lands of the respondent.

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2.

Heard Sri.Shirish Krishna, learned counsel

for the petitioners and Sri.Pramod.R., learned counsel

for the respondent. Perused the writ petition papers

including the Trial Court records.

3.

Brief facts of the case are that the

respondent herein filed a petition before the Trial

Court under Section 19 of the Electricity Act r/w

Section 13 of Indian Telegraphic Act, 1985 claiming

enhanced compensation for the damages caused due

to the cutting of the trees while drawing high tension

electric

line

over

the

land

in

Sy.No.203/1,

Lakkenahalli, Gubbi Taluk, Tumkur District.

4.

The respondent in support of his case

examined himself as PW.1 and marked Ex.P1 to P8.

Whereas the petitioners examined as RW.1 and

marked Ex.R1. The Trail Judge on appreciation of the

material placed on record held that the respondent

would

be

entitled

to

total

compensation

of

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Rs.8,94,000/- with interest at 8% per annum from the

date of petition till realization. Aggrieved by the same

the petitioners-KPTCL are before this Court in this writ

petition.

5.

Sri.Shirish Krishna, learned counsel for the

petitioners submits that the petitioners have filed this

writ petition contending that the Trial Court committed

an error in deducting only Rs.20/- per tree towards

cost of cultivation. It is his submission that there is no

evidence on record by the respondent to establish the

cost of cultivation. This Court and the Hon9ble Apex

Court have held that minimum cost of cultivation

calculated at 30% of the income yielded per annum

per tree shall be deducted. The learned counsel relied

upon the decision of this Court in the case of The

Executive Engineer, KPTCL, Chitradurga and

Another Vs. Doddakka reported in ILR 2015 KAR

677, as well as the judgment in W.A.No.2883-

2884/2014 of the division bench dated 15.03.2019

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in that regard. Except with regard to cost calculation,

no other contention is raised on behalf of the

petitioners.

6.

Per Contra, Sri.R.Pramod, learned counsel

appearing for the respondent-claimant submits that

the cost of cultivation taken at Rs.20/- per tree in

respect of arecanut tree and cost of cultivation of

Rs.50/- towards each banana plant and cost of

cultivation taken at Rs.100/-