B E RANGAPPA REDDY Vs. ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) Challenging judgment dtd. 22/1/2021 passed by learned Special II Addl. District and Sessions Judge, Chitradurga, in C.Misc.no.502/2019 as per Annexure-F, this writ petition is filed.

(2.) Sri Santosh N Hagalambi, learned counsel appearing for Sri Harish NR., advocate for petitioner submitted, petitioner was owner of 1 Acre 28 guntas in Sy.no.47/5 and 1 Acre 33 guntas of land in Sy.no.47/6 in Nagagondanahalli village, Challakere Taluk, Chitradurga District. It was submitted, petitioner had improved said lands by investing effort and money, dug borewell and planted coconut, arecanut, tamarind, mango, sapota and neem trees etc. When same were about to yield fruits, respondents laid 400 KV High Tension power line from 765/400 Vasantha Narasapura, Tumakuru to Kelaginakanive village, Chitradurga, which passed over land bearing Sy.no.47/5. Notice was issued to petitioner, intending to lay power lines. Petitioner submitted his reply/objections. Despite same, respondents proceeded with installation. At time of installation, 40 arecanut trees, 45 coconut trees, 6 tamarind trees, 28 neem trees, 18 mango trees, 10 sweet lime trees and 30 sapota trees were cut but petitioner was paid inadequate compensation. It was submitted, petitioner had constructed fruit packing house and Vermicompost with water tank by spending more than Rs.5.00 Lakhs. Due to erection of HT wires, he was unable to use it. Therefore, he filed application before District Judge under Sec. 16(3) of Indian Telegraph Act, 1885 ('Act' for short). Same was registered as C.Misc.no.502/2019.

(3.) On entering appearance, respondents filed objections. Based on same, learned District judge framed following issues and recorded evidence.