E ASWATHAPPA Vs. KARNATAKA ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner is the owner of 6 acres and 26 guntas of land in S. Nos. 156/1, 156/2 of Karekallahalli village, Gowribidanur Taluk, Kolar District. He applied to the Tahsildar, Gowribidanur Taluk for permission to divert the said agricultural land for non-agricultural use, to wit, to form a lay out for building sites. He has asserted the lay-out plan is as shown in Annexure-B, the sketch. Though the exact date on which the application for conversion was made is not disclosed permission appears to have been given on 27-10-1986 for diverting the land for such non-agricultural use as is evident from Annexure-A to the petition.

(2.) Annexure-C is a representation made by the petitioner to the Superintending Engineer (Electrical) Karnataka Electricity Board, Major Works Circle, Bangalore, bearing the date 18-6-1986. In that representation he has stated that he has formed a lay-out in S. Nos. 156/1 and 156/2 of Karekallahalli village with much difficulty incurring heavy expenditure. To his surprise, he came to know that a link line passing through his lands in the two survey numbers would result in fragmentation of his hope and confidence (learned Counsel submits that fragmentation of his hope and confidence is a typographical error, it should be read as frustration). He also asserted in the representation that he applied for conversion of his lands for non-agricultural purposes 'to form lay-outs' for building sites and that the said application was under the active consideration of the authorities. He also represented that he is required to pay Rs. 10/- per sq. yard as a betterment tax to the municipality which would amount to about Rs. 1,25,000/- approximately. He also pointed out that his land at the other end had already got a line crossing which is marked AB in Annexure-B to the petition. Therefore, he prayed to avoid him hardship, the present surveyed line had to be deviated and shifted. There is a suggestion that the lines have been strung despite his protests and requests.

(3.) It was replied to by the Executive Engineer by his letter dated 8th July, 1986 as is evidenced by Annexure-D to the petition. He was informed that the link transmission lines were connecting the new receiving station which was established to cater to the increased demand of Gowribidanur and surrounding areas at a cost of nearly 5.5 crores. The development actually benefited a number of consumers and also public at large and therefore he should bear with the developmental programmes of Karnataka Electricity Board in the larger interests of the public and as such the alignment of the transmission lines would have to stand and could not be shifted.