EXECUTIVE ENGINEER Vs. KARIYAMMA

JUDGEMENT

(1.) The petitioner- Karnataka Power Transmission Corporation Limited is before this Court under Articles 226 and 227 of the Constitution of India, assailing the judgment dated 01.07.2014 in Miscellaneous No.49/2013 on the file of the Additional District and Sessions Judge, Chitradurga by which, the respondent is awarded compensation of Rs.57,325/- with interest at the rate of 6% p.a., taking diminutive value of the land at 50% of the market value of the land.

(2.) It is not in dispute that the respondent is the owner in possession of land bearing R.S.No.13/P3 to an extent of 5 acres situated at Adiraalu, Imangala Hobli, Hiriyur Taluk,Chitradurga District. It is also not in dispute that the petitioner-Corporation drew electricity line of 400 KV high tension wire through respondent's land. The respondent preferred petition under Section 16(3) of the Indian Telegraphs Act, 1885 claiming compensation. The respondent-landlord contended that the land had bore well and she was growing Kanakambara, Coconut, Arecanut, Banana, Sunflower, Jawar, Ragi, Maize, Groundnut, Bengal Gram, Onion and cotton crops by which, she was getting income of Rs.2.00 lakhs per acre. Due to drawing of high tension wire, value of the land has diminished and she is not in a position to get the same income which she was earning earlier.

(3.) The petitioners-Corporation appeared before the trial Court and contested the petition by filing objections. It is stated in the objections that the respondent-landlord has received compensation and there is no provision for awarding compensation for diminutive value of the land. It is also contended that respondent's land is not near to the City and the value of the land is less. Further it is contended that land is not acquired and possession remains with the respondent.