Karnataka High Court
The Secretary vs The Land Acquisition on 30 January, 2025
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
-1-
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 30TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO. 102550 OF 2023 (LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103605 OF 2023(LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102803 OF 2023(LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102804 OF 2023(LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103192 OF 2023(LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103278 OF 2023(LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103606 OF 2023(LAC)
C/W
Digitally signed by B
K
MAHENDRAKUMAR
MISCELLANEOUS FIRST APPEAL NO. 103610 OF 2023(LAC)
Location: HIGH
COURT OF
C/W
KARNATAKA
DHARWAD BENCH MISCELLANEOUS FIRST APPEAL NO. 103611 OF 2023(LAC)
Date: 2025.02.03
12:53:13 +0530 C/W
MISCELLANEOUS FIRST APPEAL NO. 103612 OF 2023(LAC)
IN M.F.A.No.102550/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC, KARATAGI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
-2-
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL.
DIST. KOPPAL - 583 231.
SHAMANNA S/O BASAPPA
SINCE DEACES BY HIS LRS,
2. PARVATHAMMA
W/O LATE SHAMANNA,
AGED ABOUT 68 YEARS
OCC: HOUSEHOLD, R/O NAVALI VILLAGE
TQ: KANAKAGIRI
DIST: KOPPAL - 583 283
3. HULIGEMMA
W/O HANUMANTHAPPA
AGED ABOUT 45 YEARS
OCC: HOUSEHOLD
R/O, GANGAVATHI TALUK
DIST: KOPPAL - 583 227.
4. YAMANAMMA
W/O HANUMANTHAPPA
AGED ABOUT 42 YEARS
OCC: HOUSEHOLD
R/O NAVALI VILLAGE
TQ: KANAKAGIRI
DIST; KOPPAL - 583 283.
5. PHAKEERAMMA
W/O PARASHURAM
AGED ABOUT 39 YEARS
OCC: HOSEHOLD
R/O GUNNAL, TQ: YELBURGA
DIST: KOPPAL - 583 236.
6. MUTTANNA
S/O LATE SHAMANNA
AGED ABOUT 35 YEARS
OCC: AGRICULTURE
R/O NAVALI VILLAGE
TQ: KANAKAGIRI
DIST: KOPPAL - 583 283
-3-
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
7. HANUMANTHA
S/O LATE SHAMANNA,
AGED ABOUT 25 YEARS
OCC: HOUSEHOLD,
R/O NAVALI VILLAGE
TQ: KANAKAGIRI
DIST: KOPPAL - 583 283
8. PURUGAMMA
W/O HANUMANTHAPPA
AGED ABOUT 29 YEARS
OCC: HOUSEHOLD
R/O UDAMAKAL VILLAGE
TQ: GANGAVATHI
DIST: KOPPAL - 583 227.
9. BHOGAMMA
W/O PRASHURAM
AGED ABOUT 27 YEARS
OCC: HOUSEHOLD
R/O. GUNNAL TQ: YELBURAGA
DIST: KOPPAL - 583 236.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES FOR C/R-6)
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 PASSED IN LAC.NO.229/2020
ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT
KOPPAL, AWARDING COMPENSATION OF RS.50/- PER SQUARE FEET.
IN M.F.A.No.103605/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC, KARATAGI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
-4-
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL.
DIST. KOPPAL - 583 231.
PHAKIRAPPA S/O YAMANAPPA
SINCE DEACES BY HIS
2. BASAVARAJ
S/O PHAKIRAPPA
AGE. 41 YEARS,
OCC. AGRICULTURE,
R/O. 3RD WARD, NAVALI VILLAGE,
TQ. KANAKAGIRI,
DIST. KOPPAL - 585 231.
3. DURUGAMMA
D/O PHAKIRAPPA
AGE. 48 YEARS,
OCC. AGRICULTURE,
R/O. 3RD WARD NAVALI,
TQ. KANAKAGIRI,
DIST. KOPPAL - 583 231.
4. DURUGAMMA W/O BASAVARAJ
AGE. 37 YEARS,
OCC. HOUSEHOLD,
R/O. 3RD WARD NAVALI VILLAGE,
TQ. KANAKAGIRI,
DIST. KOPPAL - 583 231.
5. AMBAVVA
W/O DURUGAPPA
AGE. 46 YEARS,
OCC. HOUSEHOLD,
R/O. 3RD WAR NAVALI,
TQ. KANAKAGIRI,
DIST. KOPPAL - 583 231.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES FOR C/R-2)
-5-
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 PASSED IN LAC.NO.229/2020
ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT
KOPPAL, AWARDING COMPENSATION OF RS.50/- PER SQUARE FEET.
IN M.F.A.No.102803/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC, KARATAGI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL,
DIST. KOPPAL - 583 231.
2. RAMANNA
S/O BHEEMAPPA @ BHARAMAPPA
AGED ABOUT 57 YEARS
OCC: AGRICULTURE
R/O NAVALI VILLAGE
TQ: GANGAVATHI
DIST: KOPPAL - 583 227.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES FOR C/R-2)
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 MADE IN LAC NO. 227/2020 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL
-6-
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
IN M.F.A.No.102804/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC,
KARATAGI - 583 229.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL.
DIST. KOPPAL - 583 231.
PAKEERAPPA
S/O PAKEERAPPA
SINCE DECESED BY HIS LRS.
2. ERAMMA
W/O LATE PAKEERAPPA
AGED ABOUT 68 YEARS
OCC: HOUSEHOLD WORK
R/O NAVALI VILLAGE
TQ: KANAKAGIRI
DIST: KOPPAL - 583 231.
3. HANUMANTHAPPA
S/O LATE PAKEERAPPA
AGED ABOUT 50 YEARS
OCC: AGRICULTURE
R/O NAVALI VILLAGE
TQ: KANAKUGIR
DIST: KOPPAL - 583 231.
4. NAGAPPA
S/O ALTE PAKEERAPPA
AGED ABOUT 48 YEARS
OCC: AGRICULTURE
R/O NAVALI VILLAGE
TQ: KANAKAGIRI
DIST: KOPPAL - 583 231.
-7-
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
5. DURAPPA
S/O LATE PAKERAPPA
AGED ABOUT MAJOR
OCC: AGRICULTURE
R/O NAVALI VILLAGE
TQ: KANAKAGIRI
DIST: KOPPAL - 583 231.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES )
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 MADE IN LAC NO. 220/2020 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL
AND ETC.
IN M.F.A.No.103192/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC, KARATAGI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL.
DIST. KOPPAL - 583 231.
2. MURTUZASAB S/O KHADARSAB
AGED ABOUT 58 YEARS
R/O NAVALI VILLAGE
TQ: GANGAVATHI
DIST: KOPPAL - 582 321.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES FOR C/R-2)
-8-
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 MADE IN LAC NO. 225/2020 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL
AND ETC.
IN M.F.A.No.103278/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC, KARATAGI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL.
DIST. KOPPAL - 583 231.
2. SHANKRAPPA
S/O MUNIYAPPA @ MARIYAPPA
AGED ABOUT 51 YEARS
OCC: AGRICULTURE
R/O NAVALI VILLAGE
TQ: GANGAVATHI
DIST: KOPPAL - 583 231.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES FOR C/R-2)
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 MADE IN LAC NO. 230/2020 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL
AND ETC.
-9-
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
IN M.F.A.No.103606/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC, KARATAGI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL.
DIST. KOPPAL - 583 231.
HANUMANTAPPA
@ SANNA HANUMANTAPPA
SINCE DECEASED BY HIS LRS
2. DURUGAMMA @ DURAGAVVA
W/O LATE SANNA
HANUMANTAPPA BAJANTRI
AGED ABOUT 68 YEARS
OCC: HOUSHOLD
R/O NAVALI VILLAGE
TQ: KANAKAGIRI
DIST: KOPPAL - 583 231.
3. DURAMMA
W/O ERAPPA @ ERANNA
AGED ABOUT 43 YEARS
OCC: AGRICULTURE
R/O UDAMAKAL
TQ: KANAKAGIRI
DIST: KOPPAL - 583 231.
4. BHOGAMMA
W/O HANUMANTAPPA
AGED ABOUT 40 YEARS
OCC: AGRICULTURE
R/O: NAVALI VILLAGE
TQ: KANAKAGIRI, DIST: KOPPAL - 583 231.
5. MARIRAJ S/O SANNA HANUMANTAPPA
AGED ABOUT 38 YEARS
- 10 -
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
OCC: AGRICULTURE
R/O: NAVALI VILLAGE, TQ: KANAKAGIRI
DIST: KOPPAL - 583 231.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES)
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 MADE IN LAC NO. 232/2020 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL
AWARDING COMPENSATION OF RS.50/- PER SQURE FEET AND ETC.
IN M.F.A.No.103610/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC, KARATAGI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL.
DIST. KOPPAL - 583 231.
2. VIRUPANNA S/O HANUMAPPA
AGED ABOUT 57 YEARS
OCC: AGRICULTURE
R/O NAVALI VILLAGE
TQ: GANGAVATHI
DIST: KOPPPAL - 583 231.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES FOR C/R-2)
- 11 -
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 MADE IN LAC NO. 221/2020 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL
AWARDING COMPESNATION OF RS. 50/- PER SQUARE FEET.
IN M.F.A.No.103611/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC, KARATAGI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL.
DIST. KOPPAL - 583 231.
ERAPPA S/O DURUGAPPA
SINCE DECEASED BY HIS LRS.
2. ERAMMA W/O LATE ERAPPA,
AGE-66 YEARS,
OCC: HOUSEHOLD,
R/O NAVILE VILLAGE,
TQ-GANGAVATHI,
DIST.: KOPPAL - 582 321
3. VEERESH S/O LATE ERAPPA,
AGE-38 YEARS,
OCC - AGRICULTURE,
R/O NAVALI VILLAGE,
TQ. GANGAVATHI,
DIST.: KOPPAL - 582 321
4. BASAVARAJ S/O LATE ERAPPA,
AGE - 35 YEARS,
OCC - AGRICULTURE,
R/O NAVALI VILLAGE,
TQ. GANGAVATHI,
DIST.: KOPPAL - 582 321
- 12 -
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
5. HULIGEMMA D/O LATE ERAPPA,
AGE 31 YEARS,
OCC.: HOUSEHOLD,
R/O NAVILE VILLAGE,
TQ-GANGAVATHI,
DIST.: KOPPAL.
PIN CODE - 582321
6. NAGARAJ S/O LATE ERAPPA,
AGE 30 YEARS,
OCC - AGRICULTURE,
R/O NAVALI VILLAGE,
TQ. GANGAVATHI,
DIST.: KOPPAL
PIN CODE - 582321
7. JADIYAMMA D/O LATE ERAPPA
AGED ABOUT 30 YEARS
OCC: HOUSEHOLD
R/O NAVALI VILLAGE
TQ: GANGAVATHI
DIST: KOPPAL - 582 321.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES FOR C/R-2)
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 MADE IN LAC NO. 228/2020 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL
AWARDING COMPENSATION OF RS. 50 PER SQUARE FEET.
IN M.F.A.No.103612/2023
BETWEEN:
THE SECRETARY OF PADDY
AND RICE PRODUCTION
SPECIAL APMC, KARATAGI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. BRIJESH PATIL , ADVOCATE)
- 13 -
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
AND:
1. THE LAND ACQUISITION OFFICER
AND ASSISTANT COMMISSIONER
KOPPAL DIST. KOPPAL - 583 231.
EARAPPA S/O SANNEPPA
SINCE DECEASED BY HIS LRS.
2. PUTRAMMA W/O LATE ERAPPA
AGED ABOUT 62 YEARS
3. DURUGAPPA S/O LATE ERAPPA
AGED ABOUT 33 YEARS
4. MANJAMMA D/O LATE ERAPPA
AGED ABOUT 23 YEARS
5. BHAGYAPPA
S/O LATE ERAPPA
AGED ABOUT 27 YEARS
6. ROOPAMMA D/O LATE ERAPPA
AGED ABOUT 22 YEARS.
7. YAMANOORAPPA S/O LATE ERAPPA
AGED ABOUT 18 YEARS
U/G SMT. PUTRAMMA.
8. GANGAMMA D/O LATE EARPPA
AGED ABOUT 17 YEARS
ALL ARE RESIDENTS OFNAVALI VILLAGE
TQ: GANGAVATHI, DIST: KOPPAL - 583 231.
...RESPONDENTS
(BY SRI. KESHAVA REDDY, AAG FOR R-1
SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR
SRI. LINGARAJ MARADI AND
SMT. M.P. REVATI, ADVOCATES FOR C/R-2)
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 20.03.2023 MADE IN LAC NO. 231/2020 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL
AWARDING COMPENSATION OF RS. 50 PER SQUARE FEET.
THESE APPEALS COMING ON FOR FURTHER HEARING, THIS DAY,
S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
- 14 -
NC: 2025:KHC-D:1931-DB
MFA No. 102550 of 2023
C/W MFA No. 103605 of 2023
MFA No. 102803 of 2023
AND 7 OTHERS
CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)
All these appeals arise out of the impugned common
judgment and decree dated 20.03.2023 passed by the Prl.District
and Sessions Judge, Koppal, whereby the Reference Court
allowed the claims / reference petitions filed by the respondents -
claimants under Section 64 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 (for short ' the said Act of 2013'), thereby enhancing the
compensation and fixing the rate at Rs.50/- per sq.ft. for the
acquired lands together with statutory benefits, solatium, additional
compensation on market value, interest etc., in favour of the
respondents - claimants.
2. The appellant in all the appeals is the APMC who was
arrayed as 2nd respondent before the Reference court along with
the LAO who was arrayed as 1st respondent before the Reference
- 15 -
NC: 2025:KHC-D:1931-DB
AND 7 OTHERS
court. The contesting respondents in all the appeals were the
claimants before the Reference Court.
3. Since common questions of law and fact arise for
consideration in all the appeals, they are taken up together and
disposed of by this common judgment.
4. Heard learned Senior counsel appearing for the appellant
- APMC and learned Senior counsel for the contesting
respondents - claimants as well as learned AAG for the
respondents - State and perused the material on record.
5. A perusal of the material on record will indicate that the
subject lands situated at Navali village and Somanal village,
Gangavathi Taluk, Koppal District, were acquired by the State for
the benefit of the appellant - APMC, pursuant to preliminary
Notification dated 27.12.2012, which was followed by a final
notification dated 02.01.2014 which culminated in awards dated
30.04.2015 fixing the compensation at the rate of Rs.2 lakhs per
acre in respect of lands at Navali village and Rs.1,50,000/- in
respect of lands at Somanal village. The respondents - claimants
having received the said award amounts under protest filed the
- 16 -
NC: 2025:KHC-D:1931-DB
AND 7 OTHERS
instant claim petitions before the Reference court seeking
enhancement of compensation. The claimants examined
themselves as PW-1 to PW-12 and documentary evidence at
Exs.P1 to P65 were marked on their behalf. The appellant -
APMC also examined RW-1 to RW-12 and produced documentary
evidence at Exs.R1 to R49. After hearing the parties, the
Reference Court partly allowed the reference / claim petitions in
part, thereby enhancing the compensation payable in favour of the
respondents - claimants to Rs.50/- per sq.ft. for the acquired lands
together with statutory benefits, solatium, additional compensation
on market value, interest etc. Aggrieved by the impugned judgment
and award, appellant is before this Court by way of the present
appeals.
6. In the present appeals, the appellant has sought for
permission to adduce additional evidence by filing applications and
Memos in this regard as under:-
(i) I.A.3/2023 dated 30.10.2023 under Order 41 Rule 27 CPC
for permission to produce additional documents;
(ii) I.A.2/2024 dated 12.06.2024 under Order 41 Rule 27
CPC for permission to produce additional documents;
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(iii) I.A.3/2024 dated 12.06.2024 under Order 41 Rule 27
CPC for permission to produce additional documents;
(iv) Memo dated 08.12.2023 along with documents.
7. The respondents - claimants have filed their objections to
the aforesaid applications and Memo.
8. In addition to reiterating the various contentions urged in
the appeals and referring to the material on record, learned Senior
counsel for the appellant - APMC submitted that the Reference
court committed a grave and serious error of law and facts in
enhancing the compensation to Rs.50/- per sq.ft. by improper and
erroneous appreciation of the material on record. It was submitted
that the additional documents / evidence produced by the appellant
in the present appeals would clearly establish that the respondents
- claimants were not entitled to compensation at Rs.50/- per sq.ft.
as wrongly awarded by the Reference court and the said
documents would indicate that the compensation fixed by the LAO
was just and proper. It was submitted that the additional documents
comprising of sale deeds, distance certificates, village maps etc.,
are relevant and material for the purpose of disposal of the appeals
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as well as adjudication of the issues in controversy between the
parties. It was further submitted that despite exercise of due
diligence, it was not possible for the appellant to produce the said
additional documents before the Reference Court prior to the
impugned judgment and award and the inability and omission on
the part of the appellant to produce the said documents before the
Reference court was due to bonafide reasons, unavoidable
circumstances and sufficient cause. It was submitted that the
appellant intends to adduce oral evidence also and as such, it was
necessary that the impugned judgment and award may be set
aside and the matter may be remitted back to the Reference court
for reconsideration afresh in accordance with law by permitting
both sides to adduce additional evidence in support of their
respective claims.
9. Per contra, learned Senior counsel for the respondents -
claimants submits that apart from the fact that the Reference court
was fully justified in enhancing the compensation payable in favour
of the respondents-claimants by correctly and properly considering
and appreciating the entire material on record, the request of the
appellant for permission to produce additional documents is devoid
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of merit and the applications are liable to be dismissed. It was
therefore submitted that there was no merit in the appeals and that
the same are liable to be dismissed.
10. Learned AAG for the respondents - State would support
the submissions made on behalf of the appellant - APMC and
submit that in the light of the additional documents sought to be
produced by the appellant, it would be necessary that the
impugned judgment and award be set aside and the matter be
remitted back to the Reference Court for reconsideration afresh in
accordance with law.
11. We have given our anxious consideration to the rival
contentions and perused the material on record.
12. The following points arise for consideration in the
present appeals;
(i) Whether the appellant is entitled to produce additional
documents in the present appeals?
(ii) Whether the impugned judgment and award passed by
the Reference court warrants interference in the present appeals?
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Re-Point No.1:-
13. As stated supra, the LAO awarded compensation in a
sum of Rs.2 lakhs per acre in respect of the subject lands at Navali
village and Rs.1.5 lakhs per acre in respect of the subject lands at
Somanal village. The Reference Court enhanced the
compensation to Rs.50/- per sq.ft in favour of the respondents -
claimants and while doing so, the Reference Court referred to the
oral and documentary evidence on record. In this context, it is
relevant to state that the additional documents sought to be
produced by the appellant comprise of sale deeds, distance
certificates, village maps, google maps etc., all of which, are clearly
relevant and material for the purpose of determining and fixing the
quantum of compensation of the subject lands. Further, the
appellant's inability and omission to produce the said documents
before the Reference Court was due to bonafide reasons,
unavoidable circumstances and sufficient cause and that despite
exercise of due diligence, it was not possible for the appellant to
produce the said documents which are essential not only for
disposal of the present appeals but also for adjudication of issues
in controversy between the parties.
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13.1 Under these circumstances and in the facts of the
instant cases, in particular, the dispute between the parties as
regards quantum of compensation payable to the respondents -
claimants, the additional documents referred to supra would clearly
have a bearing / impact on the rival contentions regarding quantum
of compensation to be fixed in relation to the subject lands and
consequently, we are of the view that indulgence is to be shown in
favour of the appellant by granting them permission to produce the
additional documents sought for by them by way of the aforesaid
applications and memo. At any rate, the respondents - claimants
would be entitled to not only impeach the said additional
documents but also adduce additional oral and documentary
evidence in support of their claims and as such, it would be just
and expedient to permit the appellant to produce additional
documents sought for by them in the present appeals.
Point No.1 is accordingly answered in favour of the appellant
by permitting them to produce additional documents and
I.A.No.3/2023, I.A.No.2/2024 and I.A.3/2024 as well as the Memo
dated 08.12.2023 filed by the appellant along with additional
documents deserve to be allowed.
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Re-Point No.2:-
14. After having come to the conclusion that the appellant is
entitled to produce additional documents by way of additional
evidence, the next question that arises for consideration is the
procedure to be adopted for the purpose of disposal of these
appeals. In this context, it is relevant to state that having regard to
the rival contentions in relation to the quantum of compensation to
be fixed for the subject lands, it would be necessary to provide an
opportunity to the appellant as well as the respondents - claimants
to adduce oral evidence along with documentary evidence to
establish their respective claims, for which purpose, it would be
necessary to set aside the impugned judgment and award and
remit the matters back to the jurisdictional Reference court for
reconsideration afresh in accordance with law after providing one
more opportunity to both parties.
14.1 The material on record and nature of documents now
allowed to be produced by way of additional documents and the
rival contentions urged by both sides will indicate that the
admissibility, relevance and proof of the additional documents
produced by the appellant as well as such other additional
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evidence to be produced by both sides has to be adjudicated after
trial and as such, we deem it just and proper to set aside the
impugned judgment and award and remit the matter back to the
Reference Court for re-consideration afresh by leaving open all
contentions on merits on all aspects to be adjudicated by the
Reference Court in accordance with law.
Point No.(ii) is answered accordingly.
15. In the result, we proceed to pass the following:
ORDER
(i) All Miscellaneous First Appeals are hereby allowed.
(ii) All the applications filed by the appellant for additional
evidence under Order 41 Rule 27 CPC in all the appeals including
I.A.3/2023, I.A.2/2024, I.A.3/2024, Memo along with documents
dated 08.12.2023 as applicable in the various appeals are hereby
allowed and all additional documents produced by the appellant in
the present appeals are received on record.
(iii) The impugned common judgment and award dated
20.03.2023 passed in LAC No.227/2020 c/w LAC Nos.220/2020,
221/2020, 224/2020, 225/2020, 228/2020, 229/2020, 230/2020,
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231/2020 and 232/2020 is hereby set aside and all the matters are
remitted back to the jurisdictional Reference Court for re-
consideration afresh in accordance with law.
(iv) Appellant and Respondents undertake to appear before
the jurisdictional Reference Court on 10th February, 2025 without
awaiting further notice from the jurisdictional Reference Court.
(v) The Registry of this Court is directed to transmit a copy of
this order along with all the applications, Memos etc., with all
additional documents produced by the appellant to the jurisdictional
Reference Court forthwith without any delay.
(vi) Liberty is reserved in favour of both sides to adduce
additional, oral and documentary evidence before the jurisdictional
Reference Court in support of their respective claims;
(vii) Having regard to the fact that the subject lands were
acquired in the year 2012, in the peculiar / special facts and
circumstances of the instant case, the jurisdictional Reference
Court is directed to conclude the proceedings and dispose of the
matters afresh and in accordance with law, within a period of 45
days from 10th February, 2025.
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(viii) All rival contentions on all aspects of the matter are kept
open and no opinion is expressed on the same.
(ix) The Registry is directed to refund the entire (100%) court
fee paid by the appellant on the Memorandums of appeals back to
the appellant in all the appeals forthwith without any delay.
(x) The amounts, if any, deposited by the appellant in all the
appeals are directed to be transmitted to the jurisdictional
Reference Court.
Sd/-
(S.R. KRISHNA KUMAR)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
Srl.
