KPTCL officials (Executive Engineer and Assistant Executive Engineer, Major Works Division, JCR Circle, Chitradurga) challenged under Articles 226 and 227 of the Constitution the order dated 19.06.2024 of the Principal District and Sessions Judge, Chitradurga in Civil Misc. No.367/2019 (under Section 16(3) of the Indian Telegraph Act, 1885), whereby additional diminution-in-land-value compensation of Rs. 2,64,675/- with 6% interest was awarded to the respondent-landowner over and above Rs. 8,70,000/- paid pursuant to the Deputy Commissioner's order dated 04.12.2018 for a 220 KV transmission line/tower over his land. Held, dismissing the petition and confirming the impugned order: the Deputy Commissioner's order did not quantify or award diminution value; the Rs. 8,70,000/- was only towards crop damage and incidental loss, the calculations relating solely to crops destroyed during erection of the towers, with no assessment of reduction in market value, loss of utility, permanent user restrictions, tower footprint or right-of-way diminution. In the absence of such determination, the landowner's statutory right under Section 16(3) to seek adjudication of sufficient compensation remains unaffected, and the Civil Court's jurisdiction extends to determining whether adequate compensation has been granted and, if not, awarding the differential. Diminution in land value is a recognised head of compensation arising from permanent imposition of transmission corridors; the Trial Court was justified in assessing and awarding it on the evidence, particularly given the Deputy Commissioner's repeated pattern of confining assessment to crop damage. Reliance placed on the Co-ordinate Bench decision in Executive Engineer and Another vs Doddakka (W.P. 39979/2013, disposed of 06.08.2014), where 30% of the market value of the affected area was fixed as diminution value.
