Karnataka High Court
Executive Engineer P W D vs Deviramma on 17 February, 2025
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M.F.A. No.1907/2021
AND CONNECTED WITH MATTERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.1907/2021 (LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO.1909/2021 (LAC)
MISCELLANEOUS FIRST APPEAL NO.1922/2021 (LAC)
MISCELLANEOUS FIRST APPEAL NO.1931/2021 (LAC)
MISCELLANEOUS FIRST APPEAL NO.1943/2021 (LAC)
MISCELLANEOUS FIRST APPEAL NO.7087/2021 (LAC)
MISCELLANEOUS FIRST APPEAL NO.7135/2021 (LAC)
IN M.F.A. No.1907/2021:
Digitally signed BETWEEN:
by RUPA V
Location: HIGH 1. EXECUTIVE ENGINEER
COURT OF P.W.D. HASSAN.
KARNATAKA
2. KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED
(PRESENT ADDRESS)
SAMPARKA SOUDHA, NO.8
BEP PREMISES, OPPOSITE ORION MALL
DR. RAJKUMAR ROAD
BANGALORE-576010
REP. BY EXECUTIVE ENGINEER
MR. SANGAMESH G.R.
...APPELLANTS
(BY SRI. MANU K, ADV.,)
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M.F.A. No.1907/2021
AND CONNECTED WITH MATTERS
AND:
1. SHIVANNA
S/O MALLEGOWDA
AGED MAJOR
R/O. PIRUMENAHALLI VILLAGE
KASABA HOBLI
HASSAN TALUK AND DISTRICT.
2. STATE OF KARNATAKA
REP. BY SPECIAL LAND
ACQUISITION OFFICER AND
ASSISTANT COMMISSIONER
HASSAN.
3. ASSISTANT COMMISSIONER
HASSAN.
4. CHIEF SECRETARY
GOVT. OF KARNATAKA.
...RESPONDENTS
(BY SRI. VENU T.N. ADV., FOR R1
SRI. G.S. ARUNA, HCGP FOR R2 TO R4)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED
22.10.2016, AND AWARD DATED 09.02.2016 RESPECTIVELY
PASSED BY THE HON'BLE II ADDL. SENIOR CIVIL JUDGE AND
JMFC, HASSAN IN LAC NO.203/2015 & ETC.
IN M.F.A. NO.1909/2021:
BETWEEN:
1. EXECUTIVE ENGINEER
P.W.D. HASSAN.
2. KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED
SAMPARKASOUDHA, NO.8
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M.F.A. No.1907/2021
AND CONNECTED WITH MATTERS
BEP PREMISES, OPPOSITE ORION MALL
DR. RAJKUMAR ROAD, BANGALORE 576010
REPRESENTED BY EXECUTIVE ENGINEER
MR. SANGAMESH G.R.
...APPELLANTS
(BY SRI. MANU K, ADV.,)
AND:
1. DEVIRAMMA
W/O LATE JAVARAIAH, MAJOR
HALUVAGILU VILLAGE, KASABA HOBLI
HASSAN DISTRICT.
2. STATE OF KARNATAKA
REP. BY SPECIAL LAND ACQUISITION
OFFICER AND ASSISTANT COMMISSIONER
HASSAN.
...RESPONDENTS
(BY SRI. MOHAN KUMAR B.M. ADV., FOR R1
SRI. G.S. ARUNA, HCGP FOR R2)
THIS MFA IS FILED U/S. 54(1) OF LAND ACQUISITION
ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED AND
AWARD DATED 26.02.2016 PASSED BY THE ADDL. SENIOR
CIVIL JUDGE, HASSAN IN LAC 131/2014 & ETC.
IN M.F.A. NO.1922/2021:
BETWEEN:
EXECUTIVE ENGINEER
P.W.D. HASSAN.
...APPELLANT
(BY SRI. MANU K, ADV.,)
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M.F.A. No.1907/2021
AND CONNECTED WITH MATTERS
AND:
1. MALLEGOWDA
S/O BASAVEGOWDA
AGED 50 YEARS
R/O. PIRUMENHALLI VILLAGE
KASABA HOBLI,
HASSAN TALUK AND DISTRICT.
R/AT. VIDYUTH NAGARA
MALLESHWARA NILIYA
H.NO.207, HASSAN.
2. STATE OF KARNATAKA
REP. BY SPECIAL LAND ACQUISITION
OFFICER AND ASSISTANT COMMISISONER
HASSAN.
...RESPONDENTS
(BY SRI. G.S. ARUNA, HCGP FOR R2
R1 SERVED)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED
03.03.2018, AND AWARD DATED 03.03.2018
RESPECTIVELY PASSED BY THE HON'BLE ADDL. SENIOR
CIVIL JUDGE, HASSAN, IN LAC NO.410/2014 & ETC.
IN M.F.A. NO.1931/2021:
BETWEEN:
1. EXECUTIVE ENGINEER
P.W.D. HASSAN.
2. KARNATAKA ROAD DEVELOPMETN
CORPORATION LIMITED
PRESENT ADDRESS
SAMPARKA SOUDHA, NO.8
BEP PREMISES, OPPOSITE ORION MALL
DR. RAJKUMAR ROAD
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AND CONNECTED WITH MATTERS
BANGALORE-576 001
REP. BY EXECUTIVE ENGINEER
MR. SANGAMESH G.R.
...APPELLANTS
(BY SRI. MANU K, ADV.,)
AND:
1. DHANANJAYA
S/O SANNOBORE GOWDA
AGED MAJOR
R/O. BIDAREKERE VILLAGE
HASSAN TALUK AND DISTRICT.
2. STATE OF KARNATAKA
REP. BY SPECIAL LAND ACQUISITION
OFFICER.
3. ASSISTANT COMMISSIONER
HASSAN.
...RESPONDENTS
(BY SRI. Y.S. MURUGENDRA, ADV., FOR R1
SRI. G.S. ARUNA, HCGP FOR R2 & R3)
THIS MFA IS FILED U/S 54 OF LAND ACQUISITION ACT,
PRAYING TO SET ASIDE THE JUDGMENT DATED
25.09.2018, AND AWARD DATED 25.10.2018 PASSED BY
THE HON'BLE I ADDITIONAL SENIOR CIVIL JUDGE & JMFC,
HASSAN IN LAC NO.41/2015 & ETC.
IN M.F.A. NO.1943/2021:
BETWEEN:
EXECUTIVE ENGINEER
P.W.D. HASSAN.
...APPELLANT
(BY SRI. MANU K, ADV.,)
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M.F.A. No.1907/2021
AND CONNECTED WITH MATTERS
AND:
1. ARASAIAH
S/O LATE DYAVAIAH
HALUVAGILU VILLAGE, KASABA HOBLI
HASSAN TALUK.
2. STATE OF KARNATAKA
REP. BY SPECIAL LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
HASSAN.
3. EXECUTIVE ENGINEER KARNATAKA
INDUSTRIAL AREA DEVELOPMENT BOARD
H.N PURA ROAD, HASSAN.
...RESPONDENTS
(BY SRI. MOHAN KUMAR B.M. ADV., FOR R1
SRI. G.S. ARUNA, HCGP FOR R2
R3 SERVED)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED AND
AWARD DATED 26.02.2016 PASSED BY THE ADDL. SENIOR
CIVIL JUDGE, HASSAN IN LAC NO.129/2014 & ETC.
IN M.F.A. NO.7087/2021:
BETWEEN:
1. EXECUTIVE ENGINEER
P.W.D. HASSAN.
2. EXECUTIVE ENGINEER
KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED
(PRESENT ADDRESS)
SAMPARKA SOUDHA
NO.8, BEP PREMISES
OPPOSITE ORION MALL
DR. RAJKUMAR ROAD
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M.F.A. No.1907/2021
AND CONNECTED WITH MATTERS
BANGALORE 576010
REP. BY EXECUTIVE ENGINEER
MR. P.M. HEMANTH KUMAR.
...APPELLANTS
(BY SRI. MANU K, ADV.,)
AND:
1. PREMEGOWDA
S/O GIDDEGOWDA
R/O. GAVENAHALLI VILLAGE
HASSAN TALUK AND DISTRICT.
2. DEPUTY COMMISSIONER
AND LAND ACQUISITION OFFICER
HASSAN.
...RESPONDENTS
(BY SRI. MOHAN KUMAR B.M. ADV., FOR R1
SRI. G.S. ARUNA, HCGP FOR R2)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED
03.09.2016 AND AWARD DATED 14.09.2016 PASSED BY
THE PRL. SENIOR CIVIL JUDGE, HASSAN IN LAC
NO.134/2014 & ETC.
IN M.F.A. NO.7135/2021:
BETWEEN:
1. EXECUTIVE ENGINEER
P.W.D. HASSAN.
2. EXECUTIVE ENGINEER KARNATAKA ROAD
DEVELOPMENT CORPORATION LIMITED
(PRESENT ADDRESS)
SAMPARKA SOUDHA NO.8
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M.F.A. No.1907/2021
AND CONNECTED WITH MATTERS
BEP PREMISES
OPPOSITE ORION MALL
DR. RAJKUMAR ROAD
BANGALORE 576010
REPRESENTED BY
EXECUTIVE ENGINEER
MR P.M. HEMANTH KUMAR.
...APPELLANTS
(BY SRI. MANU K, ADV.,)
AND:
1. H.C. DIVAKAR
S/O CHALUVEGOWDA
AGED ABOUT 79 YEARS
R/O HALUVAGILU VILLAGE
KASABA HOBLI
HASSAN TALUK.
2. DEPUTY COMMISSIONER AND
LAND ACQUISITION OFFICER
HASSAN.
...RESPONDENTS
(BY SRI. MOHAN KUMAR B.M. ADV., FOR R1
SRI. G.S. ARUNA, HCGP FOR R2)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED
03.09.2016 AND AWARD DATED 14.09.2016 PASSED BY
THE PRL. SENIOR CIVIL JUDGE, HASSAN IN LAC
NO.139/2014 & ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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AND CONNECTED WITH MATTERS
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
Though these matters are listed for admission, with
the consent of learned counsel appearing on either side,
the same are taken up for final disposal.
2. These appeals have been filed by the Executive
Engineer, PWD, Hassan, & Karnataka Road Development
Corporation Limited, (KRDCL) under Section 54(1) of the
Land Acquisition Act, 1894 (hereinafter referred to as 'the
Act', for short).
3. MFA No.1907/2021 is filed challenging the
judgment and award dated 22.10.2016 passed in LAC
No.203/2015 by the II Additional Senior Civil Judge &
JMFC, Hassan.
MFA No.1909/2021 is filed challenging the judgment
and award dated 26.02.2016 passed in LAC No.131/2014
by the Additional Senior Civil Judge, Hassan.
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MFA No.1922/2021 is filed challenging the judgment
and award dated 03.03.2018 passed in LAC No.410/2014
by the Additional Senior Civil Judge, Hassan.
MFA No.1931/2021 is filed challenging the judgment
and award dated 25.09.2018 passed in LAC No.41/2015
by the II Additional Senior Civil Judge & JMFC, Hassan.
MFA No.1943/2021 is filed challenging the judgment
and award dated 26.02.2016 passed in LAC No.129/2014
by the Additional Senior Civil Judge, Hassan.
MFA No.7087/2021 is filed challenging the judgment
and award dated 03.09.2016 passed in LAC No.134/2014
by the Principal Senior Civil Judge, Hassan.
MFA No.7135/2021 is filed challenging the judgment
and award dated 03.09.2016 passed in LAC No.139/2014
by the Principal Senior Civil Judge, Hassan.
4. The brief facts leading to filing of these appeals
are that the State Government issued a preliminary
notification under Section 4(1) and final notification under
Section 6(1) of the Act for acquisition of various extents of
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lands including the lands in question for the purpose of
construction of Hassan outer ring road. The Special Land
Acquisition Officer (SLAO) has determined the market
value of the land by passing the award. The respondents -
land losers sought reference under Section 18(1) of the
Act seeking for higher compensation. The Reference Court
re-determined the market value at Rs.1,00,000/- per
gunta. Being aggrieved, the present appeals have been
filed.
5. Sri.Manu K., learned counsel appearing for the
appellants submits that the Reference Court has re-
determined the market value at Rs.1,00,000/- per gunta
placing reliance solely on Ex.P-7 i.e., LAC No.363/2014. It
is submitted that the judgment in LAC No.363/2014 was
passed by the another Reference Court placing reliance on
the judgment in LAC No.215/2011. It is further submitted
that the judgment in LAC No.215/2011 was set aside by
this Court in W.P.No.48067/2017. It is also submitted that
the co-ordinate bench in MFA No.1934/2021 has
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considered the similar issue and remanded the matter
back to the Reference Court to consider the case of the
similarly placed land losers on merits. Hence, he seeks to
allow the appeals by remanding the matter back to the
Reference Court.
6. Per contra, Sri.Venu T.N., Sri.Mohan Kumar
B.M., Y.S.Murugendra, learned counsels appearing for
respective respondent-claimants, support the impugned
judgment of the Reference Court. It is submitted that the
respondents-claimants have lost their land way back in the
year 2008 and sofar they are unable to get the entire
compensation due in view of the pendency of these
appeals and if the matters are remanded back, it would
cause further delay. Hence, they seek to dismiss the
appeals.
7. Learned HCGP appearing for the respondent-
State submits that the co-ordinate bench of this Court in
the aforesaid MFA No.1934/2021 has remanded the
matter back to the Reference Court to consider the case
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on merits and hence, these appeals also deserve to be
remanded back in terms of the aforesaid judgment.
8. We have heard the arguments of the learned
counsel appearing for the appellants, learned counsel
appearing for the respective respondents-claimants and
learned HCGP and have given our anxious considerations
to the material available on record. The point that arises
for consideration in these appeals is:
"Whether the impugned judgments and
awards of the Reference Court call for any
interference?"
9. The parties to the proceedings do not dispute
that the lands of respondents-claimants have been
acquired by the State Government for the purpose of
formation of outer ring road at Hassan and the details of
which are as under:
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Survey Extent of Land LAC. No. Date of Preliminary
No. acquired notification
117/3 10 Guntas 203/2015 18.03.2008
280/1 20 Guntas 131/2014 02.01.2008
53/1 14 guntas 41/2015 15.10.2008
91 9 guntas 410/2014 18.03.2008
280/1 20 guntas 129/2014 02.01.2008
39/3 & 0.05 & 0.20 134/2014 18.03.2008
41/2 guntas
128/2,10 0.18, 0.05 and 139/2014 02.01.2008
1 & 129 0.03 guntas
10. The impugned judgments in these appeals
clearly indicate that the Reference Courts have enhanced
the market value of the land in question at Rs.1,00,000/-
per gunta with all statutory benefits placing reliance on the
earlier judgments of the other Reference Courts i.e., in
LAC Nos.145/2014, 127/2014, 513/2014, 373/2014 and
363/2014. The material available on record indicates that
the aforesaid earlier judgments of the Reference Courts
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determined the market value of the land at Rs.1,00,000/-
per gunta placing reliance on the judgment of another
Reference Court in LAC No.215/2011. In the above
mentioned judgments, no doubt the acquisition is by the
State Government for the formation of outer ring road and
these judgments have been passed by the Reference
Courts solely relying on the judgment of another
Reference Court in LAC No.215/2011, which has been set
aside by this Court in W.P.No.48067/2017 & other
connected matters.
11. The Reference Court has not considered any
other evidence to determine the market value of the lands
in question, it has fully relied on the above mentioned
judgments and determined the market value, and since
the judgment in LAC No.215/2011 has been set aside by
this Court in W.P.No.48067/2017 & other connected
matters, the Reference Court is required to consider the
case of respondents-claimants on merits and in
accordance with law and determine the market value. The
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co-ordinate bench of this Court in the case of Executive
Engineer, PWD Hassan, vs. P.N.Devaraju & Another1
has considered these aspects and set aside the impugned
judgment of the Reference Court and remitted the matter
back to the Reference Court for a decision afresh in
accordance with law.
12. We have carefully perused the judgment of the
co-ordinate bench referred supra and the material
available on record, we are in full agreement with the
decision rendered by the co-ordinate bench in MFA
No.1934/2021. Hence, we proceed to pass the following :
ORDER
i. Appeals are allowed.
ii. The impugned judgments and awards dated
22.10.2016, 26.02.2016, 03.03.2018,
25.09.2018, 26.02.2016, 03.09.2016 passed in
LAC Nos.203/2015, 131/2014, 410/2014,
MFA No.1934/2021 (LAC) disposed of on 04.10.2021
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41/2015, 129/2014, 134/2014, 139/2014
respectively passed by the Reference Court are
hereby set aside.
iii. The matters are remitted back to the
Reference Court for decision afresh, in accordance
with law. The Reference Court shall provide
opportunity to the claimants as well as the
appellants to adduce evidence and thereafter
proceed to determine the market value of the
lands in question afresh in accordance with law.
iv. The appellants and claimants shall appear
before the Reference Court on 10.03.2025 without
awaiting any notice from the Reference Court. The
Reference Court shall issue notice to the
claimants, if they do not appear on 10.03.2025.
v. The Reference Court shall dispose of the
reference/claim petitions in accordance with law
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on their merits within a period of six months from
the date of appearance of all the parties.
vi. It is made clear that the appellants and
claimants shall co-operate for early disposal of the
proceedings and shall not seek unnecessary
adjournments.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
BSR
