B.H.NARAYANASWAMY Vs. KARNATAKA POWER TRANSMISSION

JUDGEMENT

(1.) In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961 the appellant has assailed the validity of the order dated 02.12.2009 passed by the learned Single Judge, by which the writ petition preferred by the appellant seeking quashment of the Notification dated 19.06.2006 issued by respondent No.2 under Section 28 and Clause (e) of Section 18 of the Electricity Supply Act, 1948 has been dismissed. In order to appreciate the appellants challenge to the impugned order, few facts need mention, which are stated hereinafter.

(2.) The appellant No.1 is the owner of the land bearing Sy.No.91 measuring 2 acres 30 guntas, Sy.No.109/30B measuring 0.20 guntas and Sy.No.91 measuring 1 acre 4 guntas, whereas, appellant No.2 is the owner of the land bearing Sy.No.110/3, 110/6, 110/4, 110/5 measuring 10 guntas, 24 guntas, 0.09 guntas and 1 acre and 10 guntas respectively of Kumbalagodu Village, Kengeri Hobli,, Bangalore South Taluk which is ear marked for industrial purpose.

(3.) The respondent No.2 viz., Executive Engineer of Karnataka Power Transmission Corporation Limited (KPTCL) published a scheme on 19.06.2006 for High Tension line of 66/11 KV sub-station at Kengeri. Thereafter, a notice in the newspapers was published on24.06.2006 for the establishment of High Tension line connecting to Kengeri sub-station. Another publication was made on 25.06.2006 in Deccan Herald. It is the case of the appellants that without disclosing the particulars of the land which were required for the aforesaid purpose and only mentioning the name of the village in the Notification issued under Section 28 and Section 18(e) of the Electricity Supply Act, 1948, the Notification was published for drawing a line for establishing 2x20 MVA 66/11 KV sub-station at Kengeri Satellite Town in Bangalore. It is the case of the appellants that the officials of respondent No.2-Corporation in order to dig the pits in the lands unauthorizedly entered into the lands of the appellants on 29.12.2006.