Karnataka High Court

Karnataka Niravari Nigama Limited vs The Special Land Acquisition Officer on 16 April, 2024

                                           -1-
                                                       NC: 2024:KHC-D:6443
                                                     MSA 100015/2020 C/W
                               MSA 100004/2020, 100005/2020, 100006/2020,
                                   100007/2020, 100008/2020, 100010/2020,
                                  100012/2020, 100013/2020 & 100014/2020



                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                         DATED THIS THE 16TH DAY OF APRIL, 2024

                                         BEFORE
                      THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                MISCELLANEOUS SECOND APPEAL NO. 100015 OF 2020 (LA)
                                        C/W
                   MSA NOS. 100004, 100005, 100006, 100007, 100008,
                     100010, 100012, 100013 AND 100014 OF 2020

               BETWEEN:

               KARNATAKA NIRAVARI NIGAMA LIMITED,
               THROUGH ITS EXECUTIVE ENGINEER, (KNNL),
               DIVISION NO.2, NAVILTHEERTH, DAM SITE,
               SAUNDATTI-591116, TQ: SAUNDATTI,
               BELAGAVI DISTRICT.
                                                         ...COMMON APPELLANT
               (BY SRI. S.M. TONNE, ADVOCATE)

               AND:

               IN MSA NO.100015 OF 2020

               1.   THE SPECIAL LAND ACQUISITION OFFICER,
Digitally
                    MALAPRABHA PROJECT, SAUNDATTI,
signed by
JAGADISH T R
                    NOW AT SECTOR NO.63,
Location:
HIGH COURT
                    NAVANAGAR, BAGALKOTE-587103.
OF
KARNATAKA
               2.   SRI. MUDAPPA S/O. FAKIRAPPA MALAVGOL,
                    AGE: MAJOR, OCC: AGRICULTURE,
                    R/O. TIGADI-591125,
                    TQ: BAILHONGAL, DISTRICT: BELAGAVI.

               3.   SRI. SHIVABASAPPA S/O. MUDAPPA MALAVAGOL,
                    AGE: MAJOR, OCC: AGRICULTURE,
                    R/O. TIGADI-591125, TQ: BAILHONGAL,
                    DISTRICT: BELAGAVI.


               4.   SRI. GANGAPPA S/O. MUDAPPA MALAVAGOL,
                    AGE: MAJOR, OCC: AGRICULTURE,
                    R/O. TIGADI-591125,
                              -2-
                                         NC: 2024:KHC-D:6443
                                       MSA 100015/2020 C/W
                 MSA 100004/2020, 100005/2020, 100006/2020,
                     100007/2020, 100008/2020, 100010/2020,
                    100012/2020, 100013/2020 & 100014/2020



     TQ: BAILHONGAL, DISTRICT: BELAGAVI.

5.   SRI. RUDRAPPA S/O. MUDAPPA MALAVAGOL,
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. TIGADI-591125,
     TQ: BAILHONGAL, DISTRICT: BELAGAVI.
                                              ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
    SRI. K. ANANDKUMAR, ADV. FOR R2)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN
LAC.NO.40/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE,
BAILHONGAL AT BAILHONGAL AND TO SET ASIDE THE JUDGMENT
AND AWARD DATED 14.12.2016 IN LAC APPEAL NO.68/2016 ON THE
FILE OF THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI, BY CONFIRMING THE JUDGMENT AND AWARD DATED
29.06.2005 IN LAC NO.40/1998 ON THE FILE OF THE SENIOR CIVIL
JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF
JUSTICE AND EQUITY.

IN MSA NO. 100004 OF 2020

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     MALAPRABHA PROJECT-III, DHARWAD,
     NOW AT SECTOR NO.60, NAVANAGAR,
     BAGALKOT.

     KECHAPPA YALLAPPA VANNUR,
     SINCE DECEASED BY HIS LRS,

2.   SMT. MAYAVVA W/O. KENCHAPPA VANNUR,
     AGE: 70 YEARS, OCC: HOUSEHOLD,
     R/O. MALLUR VILLAGE-591111,
     TQ: SAUNDATTI, BELAGAVI DISTRICT.

3.   SMT. IRAVVA D/O. MADIVALAPPA GULANNAVAR
     AGE: 43 YEARS, OCC: HOUSEHOLD,
     R/O. MALLUR VILLAGE-591111,
     TQ: SAUNDATTI, BELAGAVI DISTRICT.

4.   SMT. SIDDAVVA W/O. IRAPPA GODACHI
     AGE: 42 YEARS, OCC: HOUSEHOLD,
     R/O. MALLUR VILLAGE-591111,
                             -3-
                                        NC: 2024:KHC-D:6443
                                      MSA 100015/2020 C/W
                MSA 100004/2020, 100005/2020, 100006/2020,
                    100007/2020, 100008/2020, 100010/2020,
                   100012/2020, 100013/2020 & 100014/2020



     TQ: SAUNDATTI, BELAGAVI DISTRICT.

5.   FAKIRAPPA S/O. KENCHAPPA VANNUR
     AGE: 40 YEARS, OCC: AGRICULTURE,
     R/O. MALLUR VILLAGE-591111,
     TQ: SAUNDATTI, BELAGAVI DISTRICT.

6.   SIDDAPPA S/O. KENCHAPPA VANNUR
     AGE: 38 YEARS, OCC: AGRICULTURE,
     R/O. MALLUR VILLAGE-591111,
     TQ: SAUNDATTI, BELAGAVI DISTRICT.

     BHIMAPPA YALLAPPA VANNUR
     SINCE DECEASED BY HIS LRS

7.   SMT. GOURAVVA W/O. BHIMAPPA VANNUR
     AGE: 81 YEARS, OCC: HOUSEHOLD,
     R/O. MALLUR VILLAGE-591111,
     TQ: SAUNDATTI, BELAGAVI DISTRICT

8.   SMT. GANGAVVA
     W/O. SANNATAMMAPPA NADUVINAHALLI
     AGE: 55 YEARS, OCC: HOUSEHOLD,
     R/O. MALLUR VILLAGE-591111,
     TQ: SAUNDATTI, BELAGAVI DISTRICT.

9.   SMT. SIDDAVVA W/O. MAHADEVAPPA HITTANAGI
     AGE: 53 YEARS, OCC: HOUSEHOLD,
     R/O. MALLUR VILLAGE-591111,
     TQ: SAUNDATTI, BELAGAVI DISTRICT

10. VITHAL BHIMAPPA VANNUR
    AGE: 46 YEARS, OCC: AGRICULTURE,
    R/O. MALLUR VILLAGE-591111,
    TQ: SAUNDATTI, BELAGAVI DISTRICT.
                                             ...RESPONDENTS
(BY SRI. ABHISHEKH MALIPATIL, HCGP FOR R1,
    SRI. K. ANANDKUMAR, ADV. FOR R2)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN
LAC.NO.370/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, SAUNDATTI AT SAUNDATTI AND TO SET ASIDE THE
                              -4-
                                         NC: 2024:KHC-D:6443
                                       MSA 100015/2020 C/W
                 MSA 100004/2020, 100005/2020, 100006/2020,
                     100007/2020, 100008/2020, 100010/2020,
                    100012/2020, 100013/2020 & 100014/2020



JUDGMENT AND AWARD DATED 23.10.2018 IN LAC APPEAL
NO.219/2016 ON THE FILE OF THE I ADDL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI IN MODIFYING THE JUDGMENT AND
AWARD DATED 07.03.2012 IN LAC NO.370/2011 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE, SAUNDATTI AT SAUNDATTI,
IN THE INTEREST OF JUSTICE AND EQUITY.

IN MSA NO. 100005 OF 2020

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     MALAPRABHA PROJECT,
     SAUNDATTI, NOW AT SECTOR NO.60,
     NAVANAGAR, BAGALKOTE-587103.

2.   SRI.SHIVANAYAK MALLANAYAK BHAVI,
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. NAVALAGATTI-591125,
     TQ: BAILHONGAL, DISTRICT: BELAGAVI.

                                              ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
    SRI. K. ANANDKUMAR, ADV. FOR R2)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN
LAC.NO.45/1999 ON THE FILE OF SENIOR CIVIL JUDGE,
BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 25.01.2018 IN LAC APPEAL NO.205/2017 ON THE
FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED
02.12.2004 IN LAC NO.45/1999 ON THE FILE OF THE SENIOR CIVIL
JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF
JUSTICE AND EQUITY.

IN MSA NO.100006 OF 2020

BETWEEN:

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     MALAPRABHA PROJECT,
     SAUNDATTI, NOW AT SECTOR NO.60,
     NAVANAGAR, BAGALKOTE-587103.
                              -5-
                                         NC: 2024:KHC-D:6443
                                       MSA 100015/2020 C/W
                 MSA 100004/2020, 100005/2020, 100006/2020,
                     100007/2020, 100008/2020, 100010/2020,
                    100012/2020, 100013/2020 & 100014/2020




2.    SRI.VIRUPAXI CHANNAPPA BADIGER
      DECEASED BY HIS LRS.

2A.   RACHAMMA W/O. VIRUPAXI BADIGER
      AGE: 71, OCC: HOUSEWIFE,
      R/O. TIGADI, TQ: BAILHONGAL,
      DIST: BELAGAVI--591125.

2B.   NIRMALA W/O. ANAND KAMBAR,
      AGE: 58, OCC: HOUSEWIFE,
      R/O. TIGADI, TQ: BAILHONGAL,
      DIST: BELAGAVI--591125.

2C.   B. MADIVALAPPA S/O. VIRUPAXI BADIGER,
      AGE: 57, OCC: AGRICULTURE,
      R/O. TIGADI, TQ: BAILHONGAL,
      DIST: BELAGAVI--591125.

2D. B. SADASHIV S/O. VIRUPAXI BADIGER,
    AGE: 55, OCC: AGRICULTURE,
    R/O. TIGADI, TQ: BAILHONGAL,
    DIST: BELAGAVI--591125.

2E.   SHAKUNTALA W/O. BALAPPA KAMBAR,
      AGE: 52, OCC: HOUSEWIFE,
      R/O. TIGADI, TQ: BAILHONGAL,
      DIST: BELAGAVI--591125.

2F    MANJULA W/O. FAKIRAPPA KAMMARA,
      AGE: 47, OCC: HOUSEWIFE,
      R/O. TIGADI, TQ: BAILHONGAL,
      DIST: BELAGAVI--591125.

3.    CHANDRAKANT S/O. CHANNAPPA BADIGER,
      DECEASED BY HIS LRS.

3A.   KUSUMA W/O. ERANNA KAMBAR,
      AGE: 55 YEARS, OCC: HOUSEWIFE,
      R/O. TIGADI, TQ: BAILHONGAL,
      DIST: BELAGAVI-591125.

3B.   SHANKAR S/O. CHANDRAKANT BADIGER,
      AGE: 50 YEARS, OCC: AGRICULTURE,
      R/O. TIGADI, TQ: BAILHONGAL,
                               -6-
                                        NC: 2024:KHC-D:6443
                                      MSA 100015/2020 C/W
                MSA 100004/2020, 100005/2020, 100006/2020,
                    100007/2020, 100008/2020, 100010/2020,
                   100012/2020, 100013/2020 & 100014/2020



     DIST: BELAGAVI-591125.

3C   GURUPUTRA S/O. CHANDRAKANT BADIGER,
     AGE: 46 YEARS, OCC: AGRICULTURE,
     R/O. TIGADI, TQ: BAILHONGAL,
     DIST: BELAGAVI-591125.

                                             ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
    SRI. K. ANANDKUMAR, ADV. FOR R2)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN
LAC.NO.35/1998 ON THE FILE OF SENIOR CIVIL JUDGE,
BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 25.01.2018 IN LAC APPEAL NO.204/2017 ON THE
FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED
02.12.2004 IN LAC NO.35/1998 ON THE FILE OF THE SENIOR CIVIL
JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF
JUSTICE AND EQUITY.

IN MSA NO. 100007 OF 2020

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     MALAPRABHA PROJECT,
     SAUNDATTI, NOW AT SECTOR NO.60,
     NAVANAGAR, BAGALKOTE-587103.

2.   SRI.IQBALAHMED MAKTUMSAB BHADDURSHI,
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. TIGADI-591125,
     TQ: BAILHONGAL, DIST: BELAGAVI.
                                             ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
    SRI. K. ANANDKUMAR, ADV. FOR R2)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN
LAC.NO.31/1998 ON THE FILE OF SENIOR CIVIL JUDGE,
BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND
                              -7-
                                        NC: 2024:KHC-D:6443
                                      MSA 100015/2020 C/W
                MSA 100004/2020, 100005/2020, 100006/2020,
                    100007/2020, 100008/2020, 100010/2020,
                   100012/2020, 100013/2020 & 100014/2020



AWARD DATED 25.01.2018 IN LAC APPEAL NO.203/2017 ON THE
FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED
02.12.2004 IN LAC NO.31/1998 ON THE FILE OF THE SENIOR CIVIL
JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF
JUSTICE AND EQUITY.

IN MSA NO. 100008 OF 2020


1.   THE SPECIAL LAND ACQUISITION OFFICER,
     MALAPRABHA PROJECT,
     SAUNDATTI, NOW AT SECTOR NO.60,
     NAVANAGAR, BAGALKOTE-587103.

2.   SRI.BASAVARAJ CHANNAPPA BADIGER
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. TIGADI-591125,
     TQ: BAILHONGAL, DIST: BELAGAVI.

3.   SRI.GURUSIDDAPPA CHANNAPPA BADIGER
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. TIGADI-591125,
     TQ: BAILHONGAL, DISTRICT: BELAGAVI.
                                             ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
    SRI. K. ANANDKUMAR, ADV. FOR R2)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN
LAC.NO.37/1998 ON THE FILE OF SENIOR CIVIL JUDGE,
BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 25.01.2018 IN LAC APPEAL NO.202/2017 ON THE
FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED
04.06.2004 IN LAC NO.37/1998 ON THE FILE OF THE SENIOR CIVIL
JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF
JUSTICE AND EQUITY.

IN MSA NO. 100010 OF 2020

1.   THE SPECIAL LAND ACQUISITION OFFICER,
                              -8-
                                         NC: 2024:KHC-D:6443
                                       MSA 100015/2020 C/W
                 MSA 100004/2020, 100005/2020, 100006/2020,
                     100007/2020, 100008/2020, 100010/2020,
                    100012/2020, 100013/2020 & 100014/2020



     MALAPRABHA PROJECT,
     SAUNDATTI, NOW AT SECTOR NO.60,
     NAVANAGAR, BAGALKOTE-587103.

2.   SRI.VIJAYKUMAR GANGAPPA KALE
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. TIGADI-591125,
     TQ: BAILHONGAL, DIST: BELAGAVI.

3.   SRI.HOLEPPA GANGAPPA KALE
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. TIGADI-591125,
     TQ: BAILHONGAL, DIST: BELAGAVI.
                                              ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
    SRI. K. ANANDKUMAR, ADV. FOR R2)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN
LAC.NO.53/2005 ON THE FILE OF SENIOR CIVIL JUDGE,
BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 25.01.2018 IN LAC APPEAL NO.199/2017 ON THE
FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED
28.03.2006 IN LAC NO.53/2005 ON THE FILE OF THE SENIOR CIVIL
JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF
JUSTICE AND EQUITY.


IN MSA NO. 100012 OF 2020

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     MALAPRABHA PROJECT,
     SAUNDATTI, NOW AT SECTOR NO.63,
     NAVANAGAR,BAGALKOTE-587103.
2.   SRI.NAGAPPA S/O SIDDAPPA MASTAMARADI @ NAIKAR
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. NAVALGATTI-591125,
     TQ: BAILHONGAL, DIST: BELAGAVI.
                                            ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
    SRI. K. ANANDKUMAR, ADV. FOR R2)
                              -9-
                                         NC: 2024:KHC-D:6443
                                       MSA 100015/2020 C/W
                 MSA 100004/2020, 100005/2020, 100006/2020,
                     100007/2020, 100008/2020, 100010/2020,
                    100012/2020, 100013/2020 & 100014/2020



      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN
LAC.NO.26/1999   ON   THE   FILE   OF   SENIOR   CIVIL   JUDGE,
BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 14.12.2016 IN LAC APPEAL NO.73/2016 ON THE FILE
OF THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI,
BY CONFIRMING THE JUDGMENT AND AWARD DATED 14.03.2005, IN
LAC NO.26/1999 ON THE FILE OF THE SENIOR CIVIL JUDGE,
BAILHONGAL AT BAILHONGAL IN THE INTEREST OF JUSTICE AND
EQUITY.


IN MSA NO. 100013 OF 2020

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     MALAPRABHA PROJECT,
     SAUNDATTI, NOW AT SECTOR NO.63,
     NAVANAGAR, BAGALKOTE-587103.

2.   SRI.BASAVANTAPPA S/O IRAPPA YARGANAVI
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. NAXALGATTI-591125,
     TQ: BAILHONGAL, DIST: BELAGAVI.

3.   SRI.MAHANTESH S/O IRAPPA YARAGANAVI
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. NAXALGATTI-591125,
     TQ: BAILHONGAL, DIST: BELAGAVI.
                                                 ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
    SRI. K. ANANDKUMAR, ADV. FOR R2)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 14.12.2016 IN LAC APPEAL NO.72/2016 ON THE FILE
OF X ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI,           BY
                             - 10 -
                                         NC: 2024:KHC-D:6443
                                       MSA 100015/2020 C/W
                 MSA 100004/2020, 100005/2020, 100006/2020,
                     100007/2020, 100008/2020, 100010/2020,
                    100012/2020, 100013/2020 & 100014/2020



CONFIRMING THE JUDGMENT AND AWARD DATED 04.06.2004, IN
LAC NO.150/1999 ON THE FILE OF THE SENIOR CIVIL JUDGE,
BAILHONGAL AT BAILHONGAL IN THE INTEREST OF JUSTICE AND
EQUITY.


IN MSA NO. 100014 OF 2020
BETWEEN:

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     MALAPRABHA PROJECT,
     SAUNDATTI, NOW AT SECTOR NO.63,
     NAVANAGAR, BAGALKOTE-587103.

2.   SRI.MOHAMMED S/O. HASHIM
     SANNAGOUDUSAB SHILLEDAR
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O. TIGADI-591125,
     TQ: BAILHONGAL, DIST: BELAGAVI.
                                              ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
    SRI. K. ANANDKUMAR, ADV. FOR R2)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43
RULE 1 OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 14.12.2016 IN LAC APPEAL NO.71/2016 ON THE FILE
OF THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI,
BY CONFIRMING THE JUDGMENT AND AWARD DATED 04.06.2004, IN
LAC NO.152/1999 ON THE FILE OF THE SENIOR CIVIL JUDGE,
BAILHONGAL AT BAILHONGAL IN THE INTEREST OF JUSTICE AND
EQUITY.
      THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                   - 11 -
                                              NC: 2024:KHC-D:6443
                                            MSA 100015/2020 C/W
                      MSA 100004/2020, 100005/2020, 100006/2020,
                          100007/2020, 100008/2020, 100010/2020,
                         100012/2020, 100013/2020 & 100014/2020



                        COMMON JUDGMENT

Though these appeals are listed for admission, with the

consent of learned counsel for the parties, they are taken up

for final disposal.

2. These appeals have been filed by the beneficiary of

the acquisition challenging the impugned judgments and

awards of the reference Court in LAC Appeal Nos.68/2016,

71/2016, 72/2016, 73/2016, 199/2017, 202/2017, 203/2017,

204/2017, 205/2017 and 219/2016.

3. Brief facts leading to filing of these appeals by the

beneficiary are that the various extents of lands have been

acquired by the respondents/State Government for the purpose

of appellant herein. The State Government has issued

preliminary notification under Section 4(1) of the Land

Acquisition Act, 1894 (for short, 'LA Act') on 16.9.2010,

13.11.1992, 30.01.1993, 12.11.1992, 14.11.1992, 23.11.1992,

7.2.1994.

4. The Land Acquisition Officer passed the awards on

different dates. Being aggrieved by the quantum of

compensation determined by the Land Acquisition Officer, the

- 12 -

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

land owners sought reference under Section 18 of the LA Act.

The reference Court has re-determined the compensation. The

land owners have filed the appeal seeking further enhancement

of compensation. The appellate Court has enhanced the

market value. The particulars of the LAC numbers and market

value determined by the reference Court and the appellate

Court are extracted herein as under:

Sl. M.S.A Village Sy.No. Extent SLAO LAC Nos. Award of of LAC Award of No. NO. Of land award Reference Appeal No. Appellate Court Acquire Court

1. 100004/ Karlakatti 151 20G 16-06-2011 370/2011 180000 219/2016 508000

2. 100005/ Tigadi 140/1A 04A-22G 03-03-1998 45/1999 96000 205/17 119000

3. 100006/ Tigadi 167/2 05A-20G 29-10-1997 35/1998 96000 204/2017 119000

4. 100007/ Tigadi 184/11A+11B 03A-24G 30-07-1997 31/1998 96000 203/2017 119000

5. 100008/ Tigadi 167/2B/3 04A-0G 29-10-1997 37/1998 70000 202/2017 90000

6. 100010/ Tigadi 184/1+2+3 03A-26G 31-10-1997 53/2005 96000 199/17 119000 2020 +5+7+8+9 +10

7. 100012/ Tigadi 145/15 1A-20G 21-07-1997 26/1999 96000 73/2016 120000

8. 100013/ Tigadi 179/1B & 01A-0G & 31-10-1997 150/1999 70000 72/2016 90000 2020 179/1E 02A-20G

9. 100014/ Tigadi 180/2/2A+2B 01A-14G 31-10-1997 152/1999 70000 71/106 90000

10. 100015/ Tigadi 167/1 03A-00G 20-05-1998 40/1998 96000 68/2016 120000

5. Sri. S.M. Tonne, learned counsel appearing for the

appellant/KNNL submits that the appellate Court has committed

grave error in condoning the exorbitant delay in preferring the

appealS, as the respondents/land owners have failed to show

any sufficient cause to condone such delay in the application

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seeking for condonation of delay. It is submitted that re-

determination of market value by the appellate Court is

contrary to the evidence available on record. Hence, he seeks

to confirm the award of reference Court by setting aside the

impugned judgments and awards of the appellate Court.

6. Per contra, Sri. K. Anandkumar, learned counsel

representing the some of the land owners supports the

impugned judgments and awards of the appellate Court and

submits that the appellate Court while condoning the delay has

held that the land owners are not entitled to interest for the

delayed period. It is submitted that the appellate Court has

taken note of the decision of this Court in MFA No.21059/2011,

dated 29.08.2011 determined the market value. In view of said

decision of the co-ordinate Bench of this Court, he seeks to

dismiss the appeals filed by the beneficiary.

7. I have heard the arguments of learned counsel for

the appellant and learned counsel for the respondents and

meticulously perused the material available on record.

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8. The only point that arises for consideration in these

appeals is, whether the appellate Court has justified in

re-determining the market value of the lands in question?

9. The answer to the above point is in the affirmative

for the following reasons:

10. There is no dispute that the lands of the

respondents were acquired by the State Government under

preliminary notifications issued under Section 4(1) of the LA Act

on different dates referred supra. The land owners have sought

the reference under Section 18 of the LA Act and the reference

Court has enhanced the market value of each land as referred

in the tabular column supra. The lands owners have filed the

appeals and the appellate Court has re-determined the market

value taking note of the various decisions of the Hon'ble Apex

Court and this Court and re-determined the market value by

enhancing the compensation. The appellate Court while

condoning the delay in each of the appeals has denied the

interest to the land owners. This Court on re-appreciation of the

entire material available on record is of the considered view

that the appellate Court taking note of various decision

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rendered by this Court enhanced the market value. The

findings recorded by the appellate Court are neither perverse

nor contrary to the evidence available on record calling for

interference in these appeals. This Court in MFA

No.100011/2020, disposed off on 5.3.2024 has dismissed the

appeal filed by the appellant herein. Taking note of the

aforesaid decision of this Court, I do not find any error in the

finding recoded by the appellate Court calling for interference in

the present appeals. Taking note of the reasons adopted by

the co-ordinate benches in MFA No.21059/2011 and MFA

No.23630/2012, this Court does not find any merit in the

appeals filed by the appellant. Hence, the appeals being devoid