PREMA Vs. K.P.T.C.L .MESCOM

JUDGEMENT

(1.) Petitioners are before this Court under Article 226 of the Constitution of India, assailing the judgment dtd. 19/12/2014 in Misc.Case No.15/2009 on the file of the Principal District Judge, Udupi and prays for enhancement of compensation.

(2.) Brief facts of the case are that: The respondents utilized the petitioners land for drawing 110 KVSC transmission line, without paying any compensation. Thereafter, the petitioners filed a petition before the learned District Judge, Udupi under Sec. 16(3) and (4) of the Indian Telegraphs Act, 1885 (hereinafter referred to as the Act for short)claiming compensation for the utilization of their land by the respondents. In the petition, it is stated that the petitioners intend to construct their own residential house and there are agricultural improvements and number of trees are grown in the said property. As the property value would come down on erecting transmission line, the petitioners sought compensation.

(3.) On appearance, respondents-authorities filed their objections, denying the allegations of the petitioners. The respondents contended that the respondents have only drawn high tension wire over the property of the petitioners and property of the petitioners is not acquired. As the property in question remains with the petitioners, they would not be entitled for any compensation and they can grow crops as they were growing earlier.