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2022 DIGILAW 1258 (KAR)

Executive Engineer, Major Works Division v. M. R. thopegowda

2022-09-22

JYOTI MULIMANI

body2022
JUDGMENT 1. Smt. Padma S.Uttur, learned counsel for petitioners and Sri. Chandrashekar P.Patil, learned counsel for respondent have appeared in person. 2. For the sake of convenience, the status of parties is referred to as per their rankings before the Trial Court. 3. The petitioner filed a petition in Civil Misc.No.10009/2015 before the V Additional District and Sessions Judge, Tiptur, and sought for enhanced compensation. It is stated that the petitioner is the owner of the land bearing Survey No.63/4 situated at Melanahalli Village, Dhabbeghatta Hobli, Turuvekere Taluk. The KPTCL has drawn 220/110 KV Electric Transmission Line from Nonavinakere to G.Gungarumale Tapping Point and the same passed through petitioner's land. It is said that they have cut and removed fruit bearing trees and crops. It is stated that the compensation paid is very meager and the Authority has not adopted capitalization method and adopted an unscientific method and the compensation paid is not in accordance with the market rate of the relevant year. It is also stated that since there is a drawing up of Electric Transmission Line over the land, there is diminution of value of the land and hence, he prayed for enhancement of compensation with interest. After the issuance of the notice, the KPTCL filed statement of objections. They admitted that they have drawn 220/110 K.V Electric Transmission Line and which passes through the petitioner's land. The compensation awarded by the Authority is based on the report of the Senior Assistant Director of Horticulture. Hence, the compensation paid is just and proper. Accordingly, they prayed for the dismissal of the petition. The petitioner - M.R.Thopegowda was examined as PW-1 and produced 8 documents which were marked as Ex.P-1 to P-8. One D.H.Venkatesh, was examined as RW1 and no documents were produced. On the trial of the action, the Trial Court vide order dtd. 14/12/2018 awarded compensation of Rs.2,02,560.00 (Rupees Two Lakh Two Thousand Five Hundred Sixty Only) with interest at the rate of 8% per annum from the date of filing of petition till the date of recovery. It is this order which is challenged in this Writ Petition under Articles 226 & 227 of the Constitution of India on various grounds as set out in the Memorandum of Writ Petition. 4. It is this order which is challenged in this Writ Petition under Articles 226 & 227 of the Constitution of India on various grounds as set out in the Memorandum of Writ Petition. 4. Smt.Padma S.Uttur, learned counsel submits that the Trial Court erred in not appreciating the fact that the KPTCL have paid the compensation based on the report of the Senior Assistant Director of Horticulture Department. He has assessed the compensation to be paid on the formula and guidance issued by the Government of Karnataka from time to time. The compensation paid was just and proper. Hence, interfering with the same by further enhancing the compensation has resulted in causing great prejudice to the interest and right of the Authority. Next, she submitted that the Trial Court has awarded Rs.15,000.00 (Rupees Fifteen Thousand only) per Neem Tree, Rs.30,000.00(Rupees Thirty Thousand only) per Teak tree and the same is exorbitant hence it requires modification. Lastly, she submitted that learned Trial Judge erred in not taking into consideration the vital and key facts that the Authority have already paid the compensation and the petitioner has received the same without any protest nor has he filed any objections before the Horticulture Department regarding assessment of valuation of the trees. Hence, a grave error has committed by enhancing the compensation and the award of 8% interest is totally unsustainable in law. Accordingly, she submitted that award of compensation requires modification and therefore, submitted that the Writ Petition may be allowed. Sri.Chandrashekar P.Patil, learned counsel submits that the petitioner has urged several contentions and he has also filed writ petition seeking enhancement of compensation in respect of Honge Trees. Accordingly, he submits that appropriate order may be passed. 5. Heard the contentions urged on behalf of the parties and perused the Annexures with care. 6. The short question which arises for consideration is whether the compensation awarded by the Trial Court requires modification? I have carefully perused the order passed by the Trial Court. The award of amount in respect of Neem Trees, Teak Trees and Honge Trees requires modification. CALCULATION OF NEEM TREES: The Trial court has awarded Rs.15,000.00 per tree. The same has to modified as Rs.13,000.00 per tree. Therefore, Rs.13,000.00 X 4 = Rs.52,000.00. CALCULATION OF TEAK TREES: The Trial court has awarded Rs.30,000.00 per tree. The same has to modified as Rs.25,000.00 per tree. CALCULATION OF NEEM TREES: The Trial court has awarded Rs.15,000.00 per tree. The same has to modified as Rs.13,000.00 per tree. Therefore, Rs.13,000.00 X 4 = Rs.52,000.00. CALCULATION OF TEAK TREES: The Trial court has awarded Rs.30,000.00 per tree. The same has to modified as Rs.25,000.00 per tree. Therefore, Rs.25,000.00 X 5 = Rs.1,25,000.00. CALCULATION OF HONGE TREES: The Trial court has awarded Rs.1,000.00 per tree. The same has to modified as Rs.10,000.00 per tree. Therefore, Rs.10,000.00 X 5 = Rs.50,000.00. The compensation awarded in respect of Ragi crop remains un-altered. 1. Neem Trees Rs. 52,000/- 2. Teak Trees Rs.1,25,000/- 3. Honge Trees Rs. 50,000/- 4. Ragi Crop Rs. 10,000/- Total compensation Rs.2,37,000/- Taking into consideration the above calculation, the claimant is entitled for total compensation of Rs.2,37,000.00 (Rupees Two Lakh Thirty Seven Thousand only). Learned counsel Smt.Padma S.Uttur, submits that the Authority has already paid a sum of Rs.22,440.00 (Rupees Twenty Two Thousand Four Hundred and Forty only) while drawing up of the line. Submission is noted. Therefore, claimant is entitled for balance compensation of Rs.2,14,560.00 (Rupees Two Lakh Fourteen Thousand Five Hundred and Sixty only) is to be paid to the claimant with interest at the rate of 6% from the date petition till realization. In the result, both the Writ Petitions are partly allowed. The Order dtd.:14/12/2018 passed by the Court of V Additional District and Sessions Judge, Tiptur in Civil Misc.No.10009/2015 is modified. The claimant is entitled for balance compensation of Rs.2,14,560.00 (Rupees Two Lakh Fourteen Thousand Five Hundred and Sixty only) with interest at the rate of 6% from the date petition till realization. It is needless to observe that the KPTCL Authority shall deposit the balance amount within six weeks from the date of receipt of the certified copy of this order.