THE EXECUTIVE ENGINEER Vs. DODDAKKA

JUDGEMENT

(1.) Order dated 01.06.2013 passed in Misc.No.98/2011 by the learned Additional District & Sessions Judge, Chitradurga, is challenged by the petitioners - authorities of the Karnataka Power Transmission Corporation Limited (for short, 'the KPTCL').

(2.) Facts leading to the case, stated in nutshell are that respondent is the owner of 5 acres 1 gunta of land bearing RS No.156/1 situated at Babbur Village of Hiriyur Taluk in Chitradurga District. In order to transmit electricity, KPTCL has drawn 66/KV High Tension circuit line over the land of the respondent. During the course of drawing the circuit line, the authorities of the petitioner Corporation have cut coconut trees standing in the said land. They have assessed compensation for the loss caused to the respondent farmer and have paid the same. The respondent - land owner being aggrieved by the amount of damages/compensation paid approached the learned District Judge, Chitradurga by filing a petition under Section 16(3) of the Indian Telegraph Act, 1885 (for short, 'the Act') claiming compensation. She has contended before the learned District Judge that she was entitled for the value of fruit bearing trees based on the annual yield and also for payment of diminution in the market value of the land having regard to her disability to put her land for use for which she could have used them, but for the drawal of electrical lines.

(3.) Learned District Judge recorded evidence of the parties. The respondent - landowner has examined herself as P.W.1 and has produced the RTC of the land, photographs showing the destruction of standing trees, Valuation Certificate issued by the Sub-Registrar, Crop Yielding Certificate issued by the APMC.