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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF MARCH, 2021

PRESENT

THE HON9BLE MR.JUSTICE ALOK ARADHE

AND

THE HON9BLE MR.JUSTICE NATARAJ RANGASWAMY

WRIT APPEAL NO.373 OF 2012 (GM-KEB)

C/W

WRIT APPEAL NO.550 OF 2012 (GM-KEB)

W.A. NO.373/2012:

BETWEEN:

1.

SRI. D. SURESH KUMAR

S/O DHANRAJ,

AGED ABOUT 39 YEARS

2.

SRI. PRAKASH D JAIN

S/O DHANRAJ

AGED ABOUT 37 YEARS

BOTH RESIDENTS OF

SUBHASHCHANDRA BOSE EXTENSION,

HULIYAR ROAD, HIRIYUR,

CHITRADURGA DISTRICT-572143.

...APPELLANTS

(BY DR. NANDA KISHORE, ADVOCATE FOR SRI. A.C. BALARAJ,

ADVOCATE)

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AND:

KARNATAKA POWER TRANSMISSION

CORPORATION LIMITED,

MAJOR WORKS DIVISION,

II FLOOR, R.H. BUILDING,

P.B. ROAD, DAVANGERE,

DAVANGERE DISTRICT-577001

REPRESENTED BY ITS

EXECUTIVE ENGINEER

&RESPONDENT

(BY SRI. H.V.DEVARAJU, ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE

ORDER

OF

THE

LEARNED

SINGLE

JUDGE

PASSED

IN

W.P.5578/2010 AND W.P.NO.8078/2010 DATED 11.08.2011 IN

SO

FAR

AS

RESTRICTING

THE

COMPENSATION

TO

RS.1,46,030/- AS AGAINST RS.350/- PER SQ.FT. FOR TOTAL

EXTENT OF THE LANDS BELONGING TO THE APPELLANTS AND

BE PLEASED TO GRANT THE RELIEFS AS PRAYED FOR IN THE

ABOVE WRIT PETITION AND ALLOW THE WRIT APPEALS WITH

COSTS, TO MEET THE ENDS OF JUSTICE AND EQUITY.

W.A. NO.550/2012:

BETWEEN:

KARNATAKA POWER TRANSMISSION

CORPORATION LTD.,

MAJOR WORKS DIVISION,

II FLOOR, R.H. BUILDING,

P.B. ROAD, DAVANGERE,

DAVANGERE DISTRICT-577001

NOW CHITRADURGA DISTRICT-572143

REPRESENTED BY ITS

EXECUTIVE ENGINEER

&APPELLANT

(BY SRI. H.V.DEVARAJU, ADVOCATE)

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AND:

1.

SRI. D. SURESH KUMAR

AGED ABOUT 39 YEARS,

SON OF DHANRAJ,

SUBHASHCHANDRA BOSE EXTENSION,

HULIYAR ROAD, HIRIYUR,

CHITRADURGA DISTRICT-572143.

2.

SRI. PRAKASH D. JAIN

AGED ABOUT 37 YEARS,

SON OF DHANRAJ,

SUBHASHCHANDRA BOSE EXTENSION,

HULIYAR ROAD, HIRIYUR,

CHITRADURGA DISTRICT-572143.

...RESPONDENTS

(BY DR. NANDA KISHORE, ADVOCATE FOR SRI. A.C. BALARAJ,

ADVOCATE FOR RESPONDENT NOs.1 AND 2)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE

ORDER PASSED IN WRIT PETITION NOs.5578/2010 AND

8078/2010 DATED 11.08.2011.

THESE APPEALS HAVING BEEN HEARD AND RESERVED

FOR

JUDGMENT

ON

17.02.2021,

COMING

ON

FOR

PRONOUNCEMENT

OF

JUDGMENT

THIS

DAY,

NATARAJ

RANGASWAMY J., DELIVERED THE FOLLOWING:

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.

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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

8Corporation9 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

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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

de