EXECUTIVE ENGINEER BRUHATH KAMAGARI VIBHAGA Vs. BASAVARAJAPPA

JUDGEMENT

(1.) The petitioners have filed the present writ petition for writ of certiorari to quash the order dated 13.12.2013 made in Misc. No.68/2011 passed by the learned Addl. District and Sessions Judge, Chitradurga awarding a compensation of Rs.58,462/- with 6% interest per annum from the date of the petition till date of payment.

(2.) The rank of the parties are referred to as per their ranking before the Trial Court.

(3.) The respondent, who is land owner filed Misc. Petition under the provisions of Section 16(3) of Indian Telegraph Act, 1885 claiming total compensation of Rs.7,70,000/- with 12% interest for diminution value of land and loss of the crops and trees in respect to the property utilized by the petitioners contending that he is the owner of the agricultural irrigated land bearing Sy.No.134/P1 measuring 5 acres 32 guntas situated at Sajjanakere village, Kasaba Hobli, Chitradurga Taluk, out of which an extent of 46.77 guntas of land was utilized by the respondents/present petitioners in order to transmit electricity line for drawing 440 K.V. high tension double circuit electricity line including corridor land both left and right side from the center point for drawing electricity line. The respondents have paid only Rs.4,260/-, meager amount of compensation and it is stated that the land of the petitioner is black fertile agricultural land and he has grown groundnut crops. After deducting expenses, he was getting Rs.1,50,000/- income from 3 acres and in view of drawing up of the line, he has lost groundnut crops for the relevant year to the tune of Rs.1,50,000/- and respondents has destroyed the trees worth about Rs.20,000/-. The value of the land in the village per acre is more than Rs. 2 lakhs and land is potential for non-agriculture and he has also dug bore well. In view of the drawing up of the line 440 K.V. by the respondents, he is not in a position to utilize the land to make it as garden land. Therefore, in all he claimed compensation of Rs.1,50,000/- towards loss of crops, Rs. 6,00,000/- towards the diminishing value of land utilized by the respondents, Rs.20,000/- towards the value of trees destroyed, in total Rs.7,70,000/- with 12% interest.