Karnataka High Court
Civil LawCivil Procedure and Evidence

Adequacy of transmission-line damage compensation must be challenged before the District Court under Section 16(3).

SRI SHIVANAND vs THE DEPUTY COMMISSIONER

Karnataka High CourtJUDGMENT: September 17, 20262 MIN READSOURCE JUDGMENT
Adequacy of transmission-line damage compensation must be challenged before the District Court under Section 16(3).. SRI SHIVANAND vs THE DEPUTY COMMISSIONER. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner owned two acres in Survey No. 199/*/4 at Alagi (B) Village.

Source reference: p. 3

The respondents erected an electricity tower and laid a high-tension line across the land for the Bhima Lift Irrigation Project.

Source reference: p. 3

The petitioner claimed that, although damages had been paid for the land, compensation for a farm pond (Krushihonda) on it remained unpaid or inadequate.

Source reference: p. 3–4

He challenged the Executive Engineer’s rejection of his representation and sought payment under clause 8 of the Deputy Commissioner’s proceedings dated 12 February 2024.

Source reference: p. 3–4

The respondents produced a pro forma bill indicating payment of ₹7,02,698 towards the farm pond.

Source reference: p. 6
02

Issues

1. Whether the petitioner could obtain further compensation for the farm pond by invoking the writ jurisdiction of the High Court

Source reference: p. 6

2. Whether the petitioner’s remedy for disputing the amount of compensation was an application under Section 16(3) of the Indian Telegraph Act, 1885, before the District Court

Source reference: p. 6
03

Law Applied

Section 16(3) of the Indian Telegraph Act, 1885 provides a remedy for a person aggrieved by the amount of compensation determined for damage caused in the exercise of powers under the Act: the dispute may be referred to the District Judge.

Source reference: p. 6

The Court stated that a claim that compensation for a farm pond is inadequate should be pursued through a miscellaneous petition before the District Court, rather than through a writ petition.

Source reference: p. 6

The respondents also relied on *Power Grid Corporation of India Limited v. M/s Abhishek Developers and Ors.*, W.P. No. 1203/2022, decided on 14 February 2025; the judgment records that reliance but does not set out or analyse the precedent’s rule.

Source reference: p. 5
04

Reasoning

The Court noted that the respondents had produced a pro forma bill indicating payment of ₹7,02,698 towards the farm pond, while the petitioner maintained that compensation was unpaid or inadequate.

Source reference: p. 6

It did not determine whether the amount was in fact received or whether it was sufficient.

Source reference: p. 6

Instead, it held that, if the petitioner disputed the compensation payable, Section 16(3) supplied the appropriate route for seeking higher compensation before the District Court; accordingly, the dispute was not resolved on its merits in the writ proceeding.

Source reference: p. 6
05

Holding

The Court disposed of the writ petition, permitting the petitioner to file a miscellaneous petition under Section 16(3) of the Indian Telegraph Act, 1885.

It directed that any such petition be filed before the District Court within four weeks of receipt of the order, if the petitioner so advised.

Source reference: p. 7
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Indian Telegraph Act, 18851

Karnataka High Court

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SRI SHIVANANDvsTHE DEPUTY COMMISSIONER

Karnataka High Court · September 17, 2026

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