Karnataka High Court Smt. Pillamma vs The Assistant Executive Engineer on 7 December, 2018 DATED THIS THE 7TH DAY OF DECEMBER, 2018 BEFORE THE HON'BLE MRS.JUSTICE S.SUJATHA W.P.Nos.46532 46533/2012 (GM KEB) BETWEEN : 1. SMT.PILLAMMA SINCE DEAD, REP. BY HER LEGAL RERPESENTATIVE SRI B.DEVARAJ 2. SRI B.DEVARAJ S/O LATE BASAPPA, AGED 35 YEARS. R/AT JINNAGARA VILLAGE JADIGENAHALLI HOBLI HOSKOTE TALUK, BANGALORE RURAL DISTRICT562114. (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 07.12.2018) ...PETITIONERS (BY SRI ARAVIND V. CHAVAN, ADV.) AND : 1. THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL, SURVEY SUBDIVISION MAJOR WORKS CIRCLE KEB NORTH DIVISION ANAND RAO CIRCLE BANGALORE560001. 2. THE EXECUTIVE ENGINEER ELECTRICAL SURVEY SUBDIVISION MAJOR WORKS CIRCLE, 2 KEB NORTH DIVISION ANAND RAO CIRCLE BANGALORE560001. 3. SUPERINTENDING ENGINEER, ELECTRICAL, SURVEY SUBDIVISION MAJOR WORKS CIRCLE, KEB NORTH DIVISION ANAND RAO CIRCLE BANGALORE560001. 4. DISTRICT MAGISTRATE AND DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, PODIUM BLOCK, Dr. AMBEDKAR VEEDHI, BANGALORE560001. (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 19.02.2013) ...RESPONDENTS (BY SRI H.V.DEVARAJU, ADV. FOR SRI N.K.GUPTA, ADV. FOR R1 TO R3; SMT.JYOTHI M., AGA FOR R4.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.10.2012 VIDE ANNXF PASSED BY THE DISTRICT MAGISTRATE AND DEPUTY COMMISSIONER, BRD, BANGALORE. THESE PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: 3 ORDER The petitioner has assailed the order dated 22.10.2012 in Case No.MAG.CR.19/201112 passed by the District Magistrate and Deputy Commissioner, Bangalore Rural District, Bangalore, at AnnexureF to the writ petition inter alia seeking a direction to the respondents to produce the original project/scheme and the route map which has been sanctioned and notified in respect of the project in question. 2. The Karnataka Power Transmission Corporation Limited('KPTCL') envisaged number of schemes to facilitate transmission of powers by installing power lines, substations and other infrastructures in Karnataka. One such project is "Construction of 220 KV LILO Line to the proposed 220/66 KV Hoskote station from the existing 220 KV HOODYKOLAR SC line for a distance of 13.12 Km". In order to implement this project, the KPTCL 4 conducted an extensive survey through experts. The scheme/project was prepared and approved in accordance with the provisions of Section 68 of the Electricity Act, 2003 and Sections 28 and 29 of the Electric (Supply)Act, 1948 r/w the Karnataka Electricity Reform Act 1999 and respective Rules. 3. It is the contention of the petitioner, they are the absolute owners of Sy.No.10/1A and 10/1B, Jinnagara village, Jadigenahalli Hobli, Hoskote Taluk, Bangalore Rural District, measuring 2 acres 23 guntas. The power line was required to be drawn as per the Scheme or Project through the adjoining land of Sy.Nos.110 and 116. However, after survey was conducted and scheme envisaged was notified, the adjoining owner Sri.Nagaraj constructed a poultry farm and brick lane. The respondents in order to help Sri.Nagaraj, proceeded to divert from the scheme under original survey which resulted in the diversion 5 of power lines through the property of the petitioner wherein, he is carrying on agricultural operations. The primary ground of filing the writ petitions was, the respondents approached the learned District Magistrate and Deputy Commissioner, Bangalore Rural, by filing a petition under Section 16(1) of the Indian Telegraphic Act, 1885 (Act, 1885 for short) r/w Section 164 of the Indian Electricity Act, 2003 (Act, 2003 for short) and the same was allowed, dehors the order of temporary injunction granted by the Additional Civil Judge & JMFC, Hoskote in O.S.No.253/2010 which was pending adjudication. 4. Learned counsel Sri Aravind V. Chavan, appearing for the petitioner submitted that the deviation of the scheme t