Karnataka High Court
Gogga Channabasavaraj S/O Gogga ... vs The Special Land Acquisition Officer on 5 August, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2025:KHC-D:9792-DB
MFA.CROB No. 100142 of 2018
C/W MFA No. 100116 of 2016
AND 2 OTHER
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MFA CROB NO.100142 OF 2018
C/W
MFA NO.100116 OF 2016,
MFA NO.100117 OF 2016,
MFA CROB NO.100143 OF 2018
IN MFA CROSS OBJ NO.100142 OF 2018:
BETWEEN:
THE DEPUTY CHIEF ENGINEER,
SOUTH WESTERN RAILWAY (CONSTRUCTION),
HUBBALLI-580020, DIST: DHARWAD.
NOW REP. BY DY. C.E., SWR,
DAVANGERE-577001.
...CROSS OBJECTOR
(BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE)
AND:
VINAYAKA 1. GOGGA CHANNABASAVARAJ
BV
Digitally signed by
S/O GOGGA CHANNABASAYYA
AGE: 62 YEARS, OCC: BUSINESS,
VINAYAKA B V
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.08.07 12:20:01
+0530
2. GOGGA GURUSIDDAYYA
S/O GOGGA CHANNABASAYYA
AGE: 54 YEARS, OCC: BUSINESS,
BOTH ARE R/O: GANGAVATHI-583227,
TQ: GANGAVATHI, DIST: KOPPAL.
3. THE SPECIAL LAND ACQUISITION OFFICER,
MUNIRABAD-MEHABOOB NAGAR,
RAILWAY LINE CONSTRUCTION PROJECT,
SINDHNOOR-584128, DIST: RAICHUR.
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MFA.CROB No. 100142 of 2018
C/W MFA No. 100116 of 2016
AND 2 OTHER
HC-KAR
4. THE DEPUTY COMMISSIONER,
KOPPAL D.C. OFFICE, KOPPAL, KOPPAL-583231.
...RESPONDENTS
(BY SRI. B. SHARANABASAWA, ADVOCATE FOR R1 AND R2;
SRI. PRAVEEN UPPAR, AGA FOR R3 AND R4)
THIS MFA.CROB IN MFA NO.100117/2016 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD
DATED 07.12.2015 PASSED IN MVC NO.9/2014 ON THE FILE OF THE
SENIOR CIVIL JUDGE, GANGAVATHI, AWARDING COMPENSATION OF
RS. 800 PER SQUARE FEET & ETC.
IN MFA NO.100116 OF 2016:
BETWEEN:
1. GOGGA CHANNABASAVARAJ
S/O GOGGA CHANNABASAYYA
AGE: 59 YEARS, OCC: BUSINESS,
2. GOGGA GURUSIDDAYYA S/O CHANNABASAYYA
AGE: 51 YEARS, OCC: BUSINESS,
BOTH ARE R/O: TALUK: GANGAVATHI, DIST: KOPPAL.
...APPELLANTS
(BY SRI. B. SHARANABASAWA, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
MUNIRABAD-MEHABOOB NAGAR,
RAILWAY LINE CONSTRUCTION PROJECT SINDHANUR,
DIST: RAICHUR.
2. DEPUTY CHIEF ENGINEER,
SOUTH-WESTERN RAILWAYS (CONSTRUCTION),
HUBBALLI, DIST: DHARWAD.
3. DEPUTY COMMISSIONER,
KOPPAL, D.C. OFFICE, KOPPAL.
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR R1 AND R3;
SRI. MALLIKARJUN S. HIREMATH, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, AGAINST THE JUDGMENT & AWARD DATED
07.12.2015 PASSED IN LAC.NO.8/2014, ON THE FILE OF THE
SENIOR CIVIL JUDGE AT GANGAVATHI, PARTLY ALLOWING THE
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MFA.CROB No. 100142 of 2018
C/W MFA No. 100116 of 2016
AND 2 OTHER
HC-KAR
REFERENCE PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION & ETC.
IN MFA NO.100117 OF 2016:
BETWEEN:
1. GOGGA CHANNABASAVARAJ
S/O GOGGA CHANNABASAYYA
AGE: 59 YEARS, OCC: BUSINESS,
2. GOGGA GURUSIDDAYYA S/O CHANNABASAYYA
AGE: 51 YEARS, OCC: BUSINESS,
BOTH ARE R/O: TALUK: GANGAVATHI, DIST: KOPPAL.
...APPELLANTS
(BY SRI. B. SHARANABASAWA, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
MUNIRABAD-MEHABOOB NAGAR,
RAILWAY LINE CONSTRUCTION PROJECT SINDHANUR,
DIST: RAICHUR.
2. DEPUTY CHIEF ENGINEER,
SOUTH-WESTERN RAILWAYS (CONSTRUCTION),
HUBLI, DIST: DHARWAD.
3. DEPUTY COMMISSIONER,
KOPPAL, D.C. OFFICE, KOPPAL.
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR R1 AND R3;
SRI. MALLIKARJUN S. HIREMATH, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, AGAINST THE JUDGMENT & AWARD DATED
07.12.2015, PASSED IN LAC.NO.9/2014, ON THE FILE OF THE
SENIOR CIVIL JUDGE AT GANGAVATHI, PARTLY ALLOWING THE
REFERENCE PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION & ETC.
IN MFA CROSS OBJ NO.100143 OF 2018:
BETWEEN:
THE DEPUTY CHIEF ENGINEER,
SOUTH WESTERN RAILWAY (CONSTRUCTION),
HUBBALLI-580020, DIST: DHARWAD.
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NC: 2025:KHC-D:9792-DB
MFA.CROB No. 100142 of 2018
C/W MFA No. 100116 of 2016
AND 2 OTHER
HC-KAR
NOW REP BY DY. C.E., SWR.
DAVANGERE-577001.
...CROSS OBJECTOR
(BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE)
AND:
1. GOGGA CHANNABASAVARAJ
S/O GOGGA CHANNABASAYYA
AGE: 62 YEARS, OCC: BUSINESS,
R/O: GANGAVATHI-583227,
TQ: GANGAVATHI, DIST: KOPPAL.
2. THE SPECIAL LAND ACQUISITION OFFICER,
MUNIRABAD-MEHABOOB NAGAR,
RAILWAY LINE CONSTRUCTION PROJECT,
SINDHNOOR-584128, DIST: RAICHUR.
3. THE DEPUTY COMMISSIONER,
KOPPAL D.C. OFFICE, KOPPAL, KOPPAL-583231.
4. GOGGA GURUSIDDAYYA S/O GOGGA CHANNABASAYYA,
AGE. 54 YEARS, OCC. BUSINESS,
R/O GANGAVATHI-583227,
TQ. GANGAVATHI, DIST. KOPPAL.
...RESPONDENTS
(BY SRI. B. SHARANABASAWA, ADVOCATE FOR R1 AND R4;
SRI. PRAVEEN UPPAR, AGA FOR R2 AND R3)
THIS MFA.CROB IN MFA NO.100116/2016 FILED UNDER
SECTION 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD
DATED 07.12.2015 PASSED IN LAC NO.8/2014 ON THE FILE OF THE
SENIOR CIVIL JUDGE, GANGAVATHI, AWARDING COMPENSATION OF
RS.800/- PER SQUARE FEET & ETC.
THESE MFA CROSS OBJECTIONS AND MISCELLANEOUS FIRST
APPEALS COMING ON FOR HEARING ON INTERLOCUTORY
APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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MFA.CROB No. 100142 of 2018
C/W MFA No. 100116 of 2016
AND 2 OTHER
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
MFA No.100116/2016 is filed by the claimant and MFA
Crob No.100143/2018 is filed by the beneficiary. Being
aggrieved by the judgment and award in LAC No.8/2014,
MFA No.100117/2016 is filed by the claimants and MFA Crob
No.100142/2018 is filed by the beneficiary challenging the
judgment and award in LAC No.9/2014. These appeals have
been filed challenging the judgment and award of the
reference Court dated 07.12.2015 passed by the Senior Civil
Judge, Gangavathi, in the aforesaid LAC.
2. It is not in dispute that the land involved in the
aforesaid appeal is for the purpose of laying down the
Railway Line between Munirabad to Mehaboobnagar under
the notification dated 30.07.2009. It is submitted that the
land owners have challenged the award of the reference
Court before this Court and this Court in MFA
No.100355/2016 and other matters re-determined the
market value at Rs.2,200/- per sq.ft., and the appeals filed
by the beneficiary were rejected. It is submitted that the
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AND 2 OTHER
HC-KAR
review petition filed by the beneficiary was also rejected vide
order dated 21.02.2024 in Review Petition No.100097/2022.
It is further submitted that the order of the learned Single
Judge in MFA No.100355/2016 and MFA Crob
No.100127/2018 challenged before the Hon'ble Supreme
Court and the Hon'ble Supreme Court vide order dated
09.09.2024 dismissed the appeal filed by the beneficiary.
3. In view of the aforesaid submissions, the order of
learned Single Judge in MFA No.100355/2016 and connected
matter attained finality and the acquisition in aforesaid
appeal and the accusation in these appeals are one and the
same. Hence, in view of the aforesaid undisputed fact, we
proceed to pass the following;
ORDER
i] MFA No.100116/2016 and MFA
No.100117/2016 are allowed in part with
cost.
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AND 2 OTHER
HC-KAR
ii] The compensation of the lands in
question is re-determined at Rs.2,200/- per
sq.ft.
iii] It is needless to observe that the
claimants are entitled for all statutory
benefits and interests as per the law.
iv] Cross objections filed in MFA Crob
Nos.100142/2018 and 100143/2018 are
rejected.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
PJ
