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NC: 2026:KHC:5390

WP No. 23632 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 23632 OF 2018 (GM-TEL)

BETWEEN:

HERALD FELIX MONTEIRO

S/O JOKIM MONTIERO

AGED ABOUT 62 YEARS

6D, DELTA COURT

S.L.MATHAIS ROAD

FALNIR, MANGALORE-575 001

DISTRICT D.K

…PETITIONER

(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)

AND:

1. DISTRICT MAGISTRATE

DAKSHINA KANNADA

Digitally DC COMPOUND

signed by MANGALURU, D.K.

SUMA B N

Location :

2. KARNATAKA POWER CORPORATION LIMITED

HIGH

COURT OF REP. BY ITS EXECUTIVE ENGINEER

KARNATAKA

(ELECTRICAL)

HEAVY WORKS DIVISION

KARNATAKA POWER CORPORATION LTD.

KAVOORU, MANGALURU

D.K-575015.

…RESPONDENTS

(BY SMT. B. SUKANYA BALIGA, AGA FOR R1;

SRI. H.V. DEVARAJU, ADVOCATE FOR R2)

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WP No. 23632 of 2018

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE ORDER DTD 07.09.2017 PASSED BY THE DISTRICT

MAGISTRATE, D.K. MANGALORE VIDE ANNX-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

This petition is by owner of the land bearing Sy.No.55/2

and 55/3 situated in Kudupu Village (Shakthinagar), Mangalore

Taluk, D.K being aggrieved by the order dated 07.09.2017

passed by the respondent No.1/Deputy Commissioner. In terms

of which, the respondent No.2 has been permitted to draw High

Tension Electrical line over the aforesaid lands of the petitioner

and also for the purpose of putting up Tower Nos.23 to 25

thereon.

2. Learned counsel appearing for the petitioner taking

this Court through the record submits that the very order

passed by the respondent No.1 permitting erection of towers

over the lands of the petitioner which eventually consumes an

area of not less than 4,000 square feet, is contrary to the

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provisions of Section 3 of the Indian Telegraph Act, 1885 (for

brevity 'Act'). In terms of which there is no provision for

erection of tower and that Section 3(5) of the Act only speaks

about erection of pole which would not consume the area as it

would, if a tower is erected.

3. He submits that considerable portion of land in

Sy.No.55/2 of the petitioner has already been utilized for the

purpose of providing access to Ashraya houses. Further,

deprivation of property by the respondent/authority, that too,

without adequate payment of compensation would result in

complete deprivation of the utilised property by the petitioner.

Hence, seeks for allowing of the petition.

4. Learned counsel appearing for the respondent No.2

on the other hand submits that total number of towers

proposed are 50 of which 38 towers have already been

completed. That the land of the petitioner in Sy.No.55/2 falls

in the surveyed area identified and determined for the purpose

of erection of Tower No.23. But for the pendency of the

present writ petition, the respondent/authority would have

completed the project by now. On the contention of payment of

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adequate compensation, he files a memo dated 28.01.2026

furnishing the Judgments of the Apex Court as well as this

Court and the Guidelines issued by the Central Government,

which are as under;

1. 2007(6) SCC 792- Kerala State Electricity Board

vs. Livisha and others;

2. ILR 2015 KAR 677, The Executive Engineer,

KPTCL, Chitradurga and Another vs. Doddakka;

3. Guidelines for Compensation towards damages

dated 15.10.2015;

4. 2017(5) SCC 143- Power Grid Corporation of

India vs. Century Textiles and Industries

Limited and others;

5. W.P.No.113268/2019 along with connected Writ

Petitions decided on 11.04.2022- The Chief

Engineer, KPTCL and others vs. Gangappa;

6. W.A.No.100366/2022 along with connected

Writ Appeals decided on 20.06.2023- The Chief

Engineer, KPTCL and others vs. Gangappa;

7. W.A.No.1375/2024 decided on 21.07.2025 -

Assistant Executive Engineer (Ele), KPTCL vs.

Sri