IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.32446 OF 2024 (GM-KEB)

BETWEEN:

1. THE EXECUTIVE ENGINEER, MAJOR WORKS DIVISION, KPTCL, JCR CIRCLE, 3^RD CROSS (EAST) JCR EXTENSION CHITRADURGA-577501 REPRESENTED BY MALLIKARJUNASWAMY S/O BEEMAPPA AGED 53 YEARS.

2. THE ASSISTANT EXECUTIVE ENGINEER, MAJOR WORKS DIVISION, KPTCL, JCR CIRCLE, 3^RD CROSS (EAST) JCR EXTENSION CHITRADURGA-577501 REPRESENTED BY MANJUNATHASWAMY Digitally signed by MAHALAKSHMI B M S/O RAMAPPA Location: HIGH AGED 50 YEARS.

COURT OF …PETITIONERS KARNATAKA (BY SMT. RAKSHITHA D.J., ADVOCATE)

AND:

H.G. HANUMANTHAPPA S/O LATE GOVINDAPPA, AGED ABOUT 55 YEARS, R/O HUCHHAVVANAHALLI VILLAGE & POST, HIRIYUR TALUK, CHITRADURGA-577501.

…RESPONDENT (BY SRI R. SHASHIDHARA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.07.2024 IN CIVIL MISC.NO.279/2021 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, PRODUCED AT ANNEXURE-A TO THE WRIT PETITION.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioners-Karnataka Power Transmission Corporation Limited (KPTCL) seek to challenge the order dated 19.07.2024 passed by the I Additional District and Sessions Judge, Chitradurga (hereinafter referred to as the 'District Court' for short) in Civil Misc. No.279/2021, whereby the Court awarded diminution value compensation in favour of the respondent.

2. Respondent (Land owner) filed Civil Misc.

No.279/2021 under Section 16 (3) of the Indian Telegraph Act, 1885 (‘Telegraph Act’ for short), claiming additional compensation for alleged loss caused due to the installation of 220 KV transmission line / tower over his land bearing Sy. No.19/6, measuring 4.22 acres situated at Mayasandra Village, Kasaba Hobli, Hiriyur Taluk, Chitradurga District. The ground urged by the respondent in the petition was that the KPTCL erected towers over about 2 acres of his land, destroyed standing crops and trees, reduced the fertility and market value of the land and sought `48,90,000/- with interest for diminishing of the land value.

3. The petitioners (KPTCL) filed objections contending that they have already paid a sum of `6,35,769/- as full and final compensation for the diminution land value as per the Deputy Commissioner's order dated 04.12.2018, and the respondent accepted the compensation without protest, that no crops existed on the land at the time of drawing the line in 2018.

4. The Trial Court partly allowed the miscellaneous petition and awarded additional compensation of `80,955/-

with 8% interest.

5. Heard the learned counsel for the petitioners-

KPTCL and the learned counsel appearing for the respondent- claimant.

Petitioners’ contention:

6. Learned counsel for the petitioners submits that the full compensation has already been paid towards the diminution in land value as fixed by the Deputy Commissioner for a sum of `6,35,769/-. The compensation has been voluntarily received by the respondent without any objections and the respondent never challenged Ex.R2. Hence, reopening the compensation is impermissible. It is submitted that once the diminution land value was assessed and paid, awarding additional compensation amount towards diminution would amount to duplication. The impugned order has no finding on the Deputy Commissioner's assessment and this amounts to the perversity, which warrants interference by this Court.

Respondent's contention:

7. Per contra, learned counsel for the respondent contends that the respondent is the owner and cultivator of Survey No.19/6 measuring 4.22 acres, wherein various crops were being grown. The KPTCL destroyed crops over an extent of 2 acres while erecting 220 KV towers, resulting in substantial loss, reduced fertility and decrease in the market value of the land.