Karnataka High Court
The Special Land Acquisition Officer vs Sri.Gudadappa S/O. Mylarappa ... on 25 July, 2025
Author: R.Devdas
Bench: R.Devdas
-1-
MFA Crob.No.100031 OF 2021
and connected matters
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MFA CROB NO. 100031/2021 (LAC) C/W: MFA NO. 101559/2020,
MFA NO. 101560/2020, MFA NO. 101561/2020, MFA NO. 101562/2020,
MFA NO. 101563/2020, MFA NO. 101564/2020, MFA NO. 101565/2020,
MFA NO. 101566/2020, MFA NO. 101567/2020, MFA NO. 101568/2020,
MFA NO. 101569/2020, MFA NO. 101570/2020, MFA NO. 101571/2020,
MFA NO. 101572/2020, MFA NO. 101573/2020, MFA NO. 101574/2020,
MFA NO. 101575/2020, MFA NO. 101576/2020, MFA NO. 101577/2020,
MFA NO. 101578/2020, MFA NO. 101579/2020, MFA NO. 101580/2020,
MFA NO. 101581/2020, MFA NO. 101582/2020, MFA NO. 101587/2020,
MFA NO. 101588/2020, MFA NO. 101589/2020, MFA NO. 101590/2020,
MFA NO. 101591/2020, MFA NO. 101592/2020, MFA NO. 101593/2020,
MFA CROB NO. 100028/2022, MFA CROB NO. 100030/2022,
MFA CROB NO. 100032/2022, MFA CROB NO. 100034/2022,
MFA CROB NO. 100035/2022, MFA CROB NO. 100036/2022,
MFA CROB NO. 100037/2022, MFA CROB NO. 100038/2022,
MFA CROB NO. 100039/2022, MFA CROB NO. 100040/2022,
MFA CROB NO. 100047/2022, MFA CROB NO. 100048/2022,
MFA CROB NO. 100050/2022, MFA CROB NO. 100067/2022,
MFA CROB NO. 100068/2022, MFA CROB NO. 100069/2022,
MFA CROB NO. 100070/2022, MFA CROB NO. 100071/2022,
MFA CROB NO. 100072/2022, MFA CROB NO. 100073/2022,
MFA CROB NO. 100074/2022, MFA CROB NO. 100075/2022,
MFA CROB NO. 100076/2022, MFA CROB NO. 100077/2022,
MFA CROB NO. 100078/2022, MFA CROB NO. 100079/2022,
MFA CROB NO. 100080/2022 AND MFA CROB NO. 100081/2022
IN M.F.A. CROB. NO. 100031/2021:
MOHANKUMAR
B SHELAR
BETWEEN:
Digitally signed by
MOHANKUMAR B SHELAR
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.07.26 10:34:51
+0530 SHAMBAPPA S/O BASAPPA KABBINAD
SINCE DECEASED BY HIS LR'S
1.A SMT. REKHA W/O SHAMBAPPA KABBINAD,
AGE. 55 YEARS, OCC. HOUSEHOLD,
R/O. KOPPAL, TQ. AND DIST. KOPPAL.
1.B SRI. SANDEEP S/O SHAMBAPPA KABBINAD,
AGE. 33 YEARS, OCC. AGRICULTURE,
R/O. KOPPAL, TQ. AND DIST. KOPPAL.
- CROSS OBJECTORS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
-2-
MFA Crob.No.100031 OF 2021
and connected matters
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL,
DIST. KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R1 AND R2)
THIS M.F.A. CROB IN M.F.A. NO.101591/2020 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD
DATED 19.02.2020 PASSED IN LAC NO.4/2017 ON THE FILE OF THE
CIVIL JUDGE (SR. DN.) AT KOPPAL & ETC.
IN MFA NO. 101559/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SMT. BHARATHI,
W/O. LATE PRABHUKUMAR BHIMANAPALLI,
AGE: 55 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ : AND DIST : KOPPAL-583231.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.31/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
-3-
MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. NO. 101560/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SRI. BADRINARAYANA S/O. VASUDEVA VARNAKAR
AGE: 55 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL,
TQ : & DIST : KOPPAL-583231.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC NO. 18/2017 ON THE FILE OF CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101561/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-523211.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SMT. HANUMAWWA W/O. HANMAPPA GALI
AGE: 67 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ : AND DIST : KOPPAL-523211.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
-4-
MFA Crob.No.100031 OF 2021
and connected matters
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC NO.22/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101562/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI. MUDIYAPPA S/O. GAVIYAPPA GEJJI, AGE : 48 YEARS,
2. SHIVAPPA S/O. GAVIYAPPA GEJJI, AGE : MAJOR,
BOTH ARE AGRICULTURISTS, R/O : KOPPAL,
TQ: & DIST: KOPPAL-583231.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC NO.21/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101563/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-523211.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
-5-
MFA Crob.No.100031 OF 2021
and connected matters
AND:
SRI. K. RAMBABU S/O. K. GANGADHAR RAO,
AGE 48 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ : AND DIST : KOPPAL-523211.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.27/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101564/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-523211.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI. CHANDRAPPA S/O. ERAPPA KAVALOOR
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: KOPPAL, TQ & DIST : KOPPAL-523211.
2. RAMESH S/O. GURUBASAPPA CHAKKADI
AGE: MAJOR, OCC.: AGRICULTURE,
R/O KOPPAL, TQ & DIST : KOPPAL-523211.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.36/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
-6-
MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. NO. 101565/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER.
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SMT. DEVAKAMMA W/O. LATE SHIVAPPA GALI
SINCE DECEASED BY HER LR'S
1.A SMT. SHANTAVVA W/O. LATE GAVISIDDAPPA GALI,
AGE 34 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.B SMT. ROOPA W/O. LATE BASAVARAJ GALI
AGE 44 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.C KUMARI NISHMITA D/O. BASAVARAJ GALI,
AGE 20 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.D SRI. CHANDRAPPA S/O. SHIVAPPA GALI,
AGE 48 YEARS, OCC. AGRICULTURE, R/O. KOPPAL.
1.E SMT. HEMAVVA W/O. BASAVARAJ KUDARKOTAGI,
AGE 40 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.F SMT. LALITAVVA W/O. MARUTHI MADGALLI,
AGE 38 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR RESPONDENTS (1A TO 1F))
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.23/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
-7-
MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. NO. 101566/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA HOUSING BOARD, KOPPAL-523211.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
I. VISHNUVARDHAN REDDY S/O I. RAMACHANDRA REDDY,
AGE: 47 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ AND DIST : KOPPAL-523211.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.29/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101567/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-523211.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SMT. KAMALA W/O. RAVI GUMASTA,
AGE: 48 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ AND DIST : KOPPAL-523211.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
-8-
MFA Crob.No.100031 OF 2021
and connected matters
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.26/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101568/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-523211.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SRI. RAMANNA S/O. DYAMAPPA HALLIGUDI DOLLIN,
AGE: 63 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ AND DIST : KOPPAL-523211.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.16/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101569/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
-9-
MFA Crob.No.100031 OF 2021
and connected matters
SMT. LAXMAWWA W/O. DURGAPPA
AGE: 68 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ AND DIST : KOPPAL.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.14/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101570/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-523231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SHANTAMMA W/O. NARASAPPA KARATAGI, AGE : MAJOR,
2. KHANDEPPA S/O. FAKIRAPPA KARATAGI, AGE : 69 YEARS,
BOTH ARE R/O : KOPPAL, TQ AND DIST : KOPPAL-523231.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.13/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101571/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
- 10 -
MFA Crob.No.100031 OF 2021
and connected matters
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI. PADAMANAGOUDA S/O. BASANAGOUDA POLICE PATIL,
SINCE DECEASED BY HIS LRS
1.A SMT. SUNANDABAI,
W/O. LATE PADMANAGOUDA POLICE PATIL, R/O. KOPPAL.
1.B SMT. RENUKA W/O. PADMANABHA MORAGERI, R/O. KOPPAL.
1.C SMT. SUJATHA W/O. BAHUBALI MENASINKAI, R/O. KOPPAL.
2. NAGANAGOUDA S/O. BASANAGOUDA POLICE PATIL,
R/O. KOPPAL,
3. SHANKARGOUDA S/O. BASANAGOUDA POLICE PATIL
SINCE DECEASED BY HIS LRS
3.A SMT. SUDHA,
W/O. LATE SHANKARAGOUDA POLICE PATIL, R/O. KOPPAL.
3.B KUMAR RAKESH,
S/O. LATE SHANKARAGOUDA POLICE PATIL, R/O. KOPPAL.
4. DHARMAGOUDA S/O. BASANAGOUDA POLICE PATIL
R/O : KOPPAL,
5. VASANTAGOUDA S/O. BASANAGOUDA POLICE PATIL
ALL ARE AGRICULTURISTS, R/O : KOPPAL,
TQ & DIST: KOPPAL.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR R1(A TO C) & R3(A & B);
NOTICE TO RESPONDENTS NO.2,4 & 5 ARE SERVED)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.20/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
- 11 -
MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. NO. 101572/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
I. VISHNUVARDHAN REDDY S/O I. RAMACHANDRA REDDY,
AGE: 47 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ & DIST : KOPPAL.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.30/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101573/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. YALLAWWA W/O. HANMANTHAPPA KARATAGI,
AGE: 68 YEARS,
2. SMT. DODDAGOURAVVA W/O. RATNAPPA KARATAGI,
AGE: MAJOR,
- 12 -
MFA Crob.No.100031 OF 2021
and connected matters
3. SRI. MANJUNATHA S/O. DEVENDRAPPA KARATAGI,
AGE: MAJOR,
4. PARASHURAMA S/O. RATNAPPA KARATAGI, AGE: MAJOR,
5. SMT. RENAVVA W/O. SIDDAPPA KARATAGI, AGE: MAJOR,
ALL ARE AGRICULTURISTS,
ALL ARE R/O. KOPPAL, TQ AND DIST : KOPPAL.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR C/R1 TO R5)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.12/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101574/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SRI. DEVAREDDY S/O. BHIMAREDDY METI,
AGE: 69 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ AND DIST : KOPPAL-583231.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.10/2017 ON THE FILE OF THE CIVIL
JUDGE(SR. DN.), KOPPAL & ETC.
- 13 -
MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. NO. 101575/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SRI. GAVISIDDAPPA S/O. HANUMANTHAPPA GALI,
AGE : 65 YEARS, OCC : AGRICULTURE,
R/O : KOPPAL, TQ AND DIST : KOPPAL-583231.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.7/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101576/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI. HANUMANTHAPPA MUDDABALLI
SINCE DECEASED BY HIS LRS
1.A SMT. PARAWWA W/O. LATE HANUMANTHAPPA M,
AGE 56 YEARS, OCC. HOUSEHOLD WORK, R/O. MALLAPUR.
- 14 -
MFA Crob.No.100031 OF 2021
and connected matters
1.B KUMARI ANJALI D/O. ISHAPPA BANDYALI,
AGE 23 YEARS, OCC. STUDENT, R/O. ARAKERI.
1.C SMT. GOURAMMA W/O. RAMAPPA,
AGE 40 YEARS, OCC. HOUSEHOLD WORK,
R/O. MALLAPPUR.
1.D SMT. GANGAMMA W/O. LAKSHMAN,
AGE 40 YEARS, OCC. HOUSEHOLD WORK,
R/O. MALLAPUR.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR C/R1(A TO D)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.8/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101577/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI. GAVISIDDAPPA RONAD
SINCE DECEASED BY HIS LRS.
1.A SMT. ANASAVVA W/O LATE GAVISIDDAPPA RONAD
AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.B KUM. BALAPPA S/O LATE GAVISIDDAPPA RONAD
AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.C KUMARI REKHA D/O LATE GAVISIDDAPPA RONAD
AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
- RESPONDENTS
- 15 -
MFA Crob.No.100031 OF 2021
and connected matters
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR C/R1 (A TO C))
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.6/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101578/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-523231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SRI. MANJUNATH REDDY S/O. BHIMAREDDY METI,
AGE: 53 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ AND DIST : KOPPAL-523231.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.9/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101579/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-523211.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
- 16 -
MFA Crob.No.100031 OF 2021
and connected matters
AND:
SRI. GUDADAPPA S/O. MYLARAPPA MUDDABALLI,
AGE: 55 YEARS, OCC.: AGRICULTURE,
R/O : KOPPAL, TQ AND DIST : KOPPAL-523211.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.17/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101580/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-53231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
I. VISHNUVARDHAN REDDY S/O I. RAMACHANDRA REDDY,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O: KOPPAL, TQ AND DIST: KOPPAL-153231.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC.NO.28/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101581/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
- 17 -
MFA Crob.No.100031 OF 2021
and connected matters
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-593231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SMT. P. RAJANI W/O P. HANUMANTHA RAO,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O HOSPET, TQ AND DIST: BALLARI-593237.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC. NO.34/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101582/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-593231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SMT. SAROJA W/O RAMGOPAL TAPADIA,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: KOPPAL, TQ: & DIST: KOPPAL-593231.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC. NO.3/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
- 18 -
MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. NO. 101587/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-523211.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SMT. GIRIJAMMA W/O GAVIYAPPA BAGLI,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O KOPPAL, TQ: & DIST: KOPPAL-523211.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC. NO.1/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101588/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-593231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI. GAVISIDDAPPA S/O MALIMALLAPPA DOLLIN,
AGED 48 YEARS,
2. RAMAPPA S/O MALIMALLAPPA DOLLIN,
AGED MAJOR,
- 19 -
MFA Crob.No.100031 OF 2021
and connected matters
3. PARASAPPA S/O MALIMALLAPPA DOLLIN,
AGED MAJOR,
ALL ARE AGRICULTURISTS, RESIDENTS OF KOPPAL,
TQ. AND DIST. KOPPAL-593231.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC. NO.15/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101589/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
RAMGOPAL S/O HARINARAYAN TAPADIA,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O KOPPAL, TQ AND DIST: KOPPAL.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC. NO.2/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101590/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
- 20 -
MFA Crob.No.100031 OF 2021
and connected matters
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SRI. HANUMESH S/O KAMBAYYA IIIUR,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O KOPPAL, TQ AND DIST : KOPPAL-583231.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC. NO.19/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
IN M.F.A. NO. 101591/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-593231.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
SRI. SHAMBAPPA S/O BASAPPA KABBINAD,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O KOPPAL, TQ AND DIST: KOPPAL-593231.
- RESPONDENT
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR C/R)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC. NO.4/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL & ETC.
- 21 -
MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. NO. 101592/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. HAMPAWWA W/O KALAKAPPA
SINCE DECEASED BY HER LRS
1.A SMT. LAXMAVVA W/O LATE GAVISIDDAPPA RONAD.
AGE 58 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.B SMT. AKKAMMA W/O LATE BASAVARAJ PATIL.
AGE 53 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.C SMT. BASAVVA W/O FAKEERAPPA KOPPAD.
AGE 52 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.D SMT. SHYAVAVVA W/O BASAVARAJ METI.
AGE 50 YEARS, OCC. AGRICULTURE, R/O. KOPPAL.
1.E SMT. NAGARATNA W/O SIDDAPPA BASAPUR,
AGE 46 YEARS, OCC. HOUSEHOLD WORK,
R/O. GANGAVATHI.
1.F SMT. ARASAMMA W/O GAVISIDDAPPA RONAD,
AGE 45 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
1.G SMT. MANJULA D/O KALAKAPPA GEJJI,
AGE 44 YEARS, OCC. HOUSEHOLD WORK,
R/O. KOPPAL.
1.H SRI. BALAPPA S/O KALAKAPPA GEJJI,
AGE 44 YEARS, OCC. AGRICULTURE,
R/O. KOPPAL.
- 22 -
MFA Crob.No.100031 OF 2021
and connected matters
1.I SMT. SHIVAMMA W/O BALAPPA GEJJI,
AGE 42 YEARS, OCC. HOUSEHOLD WORK,
R/O. KOPPAL.
1.J SRI. GAVIYAPPA S/O BASAPPA,
AGE 41 YEARS, OCC. AGRICULTURE,
R/O. KOPPAL.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR C/R1(A TO J)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC. NO.5/2017 ON THE FILE OF THE CIVIL
JUDGE (SR DN), KOPPAL, & ETC.
IN M.F.A. NO. 101593/2020:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- APPELLANTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI. ABDUL GAFURSAB SINCE DECEASED BY HIS LRS
1.A SMT. FATIMA W/O LATE GAFARSAB BEPARI,
AGE 56 YEARS, OCC. HOUSEHOLD WORK,
R/O. KOPPAL-523231.
1.B SRI. MUSTAFA S/O LATE GAFARSAB BEPARI,
AGE 37 YEARS, OCC. AGRICULTURE,
R/O. KOPPAL-523231.
1.C SRI. WASEEM S/O LATE GAFARSAB BEPARI,
AGE 35 YEARS, OCC. AGRICULTURE,
R/O. KOPPAL-523231.
1.D SRI. AMAN BEPARI S/O LATE GAFARSAB BEPARI,
- 23 -
MFA Crob.No.100031 OF 2021
and connected matters
AGE 33 YEARS, OCC. AGRICULTURE,
R/O. KOPPAL-523231.
- RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. JAGADISH PATIL, ADVOCATE FOR R1(A TO D))
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.02.2020 PASSED IN LAC. NO.11/2017 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), KOPPAL, & ETC.
IN M.F.A. CROB. NO. 100028/2022:
BETWEEN:
1. PADMANAGOUDA S/O BASANAGOUDA
SINCE DECEASED BY HIS LR'S
1.A SMT. SUNANDABAI W/O PADMANAGOUDA,
AGE 75 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
1.B SMT. RENUKA W/O PADMANABHA MORAGERI,
AGE 55 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
1.C SMT. SUJATA W/O BAHUBALI MENASINAKAI,
AGE 50 YEARS, OCC. AGRICULTURE,
R/O HARAPANAHALLI, DIST. BALLARI.
2. SHRI NAGANAGOUDA,
S/O BASANAGOUDA POLICEPATIL,
AGE 60 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
3. SHRI DHARMAGOUDA,
S/O BASANAGOUDA POLICEPATIL,
AGE 52 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
4. SHANKARAGOUDA S/O BASANAGOUDA POLICEPATIL
SINCE DECEASED BY HIS LR'S
4.A SMT. SUDHA W/O SHANKARGOUDA POLICEPATIL,
AGE 52 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
4.B KUM. RAKESH S/O SHANKARGOUDA POLICEPATIL,
AGE 30 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
5. VASANTGOUDA S/O BASANAGOUDA POLICEPATIL,
- 24 -
MFA Crob.No.100031 OF 2021
and connected matters
AGE 48 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTORS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101571/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.) KOPPAL IN LAC NO.20/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100030/2022:
BETWEEN:
SRI. DEVAREDDY S/O BHEEMAREDDY METI,
AGE: 66 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101574/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.) KOPPAL IN LAC NO.10/2017 DATED 19.02.2020 & ETC.
- 25 -
MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. CROB. NO. 100032/2022:
BETWEEN:
SMT. GIRIJAMMA W/O GAVIYAPPA
AGE 65 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101587/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.) KOPPAL IN LAC NO.01/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100034/2022:
BETWEEN:
SMT. SAROJA W/O RAMGOPAL TAPADIYA
AGE. 52 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
- 26 -
MFA Crob.No.100031 OF 2021
and connected matters
THIS M.F.A. CROB. IN MFA NO.101582/2020 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT
AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.)
KOPPAL IN LAC NO.03/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100035/2022:
BETWEEN:
SMT. HANUMAVVA W/O HANUMAPPA GALI
AGE 64 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN MFA NO.101561/2020 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT
AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.)
KOPPAL IN LAC NO.22/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100036/2022:
BETWEEN:
1. MUDIYAPPA S/O GAVIYAPPA GEJJI,
AGE 45 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
2. SHIVAPPA S/O GAVIYAPPA GEJJI,
AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTORS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
- 27 -
MFA Crob.No.100031 OF 2021
and connected matters
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101562/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.) KOPPAL IN LAC NO.21/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100037/2022:
BETWEEN:
SHRI HANUMANTHAPPA S/O MAILARAPPA,
AGE 72 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101576/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.8/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100038/2022:
BETWEEN:
SMT. HAMPAWWA W/O KALAKAPPA GEJJI
AGE 59 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
- 28 -
MFA Crob.No.100031 OF 2021
and connected matters
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101592/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.), KOPPAL IN LAC NO.5/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100039/2022:
BETWEEN:
RAMANNA S/O DYAMAPPA HALLIGUDI,
AGE 60 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101568/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.16/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100040/2022
BETWEEN:
HANUMESH S/O KAMBAYYA ILLUR,
AGE 48 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- 29 -
MFA Crob.No.100031 OF 2021
and connected matters
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101590/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.19/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100047/2022
BETWEEN:
SHRI RAMGOPAL S/O HARINARAYAN TAPADIA
AGE 66 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101589/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.), KOPPAL IN LAC NO.2/2017 DATED 19.02.2020 & ETC.
- 30 -
MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. CROB NO. 100048/2022:
BETWEEN:
SMT. BHARATHI W/O LATE PRABHUKUMAR BHIMANAPALLI,
AGE: 52 YEARS, OCC.: AGRICULTURE,
R/O KOPPAL, TQ. & DIST. KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101559/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.), KOPPAL IN LAC NO.31/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100050/2022:
BETWEEN:
SMT. KAMALA W/O RAVI GUMASTE,
AGE 45 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
- 31 -
MFA Crob.No.100031 OF 2021
and connected matters
THIS M.F.A. CROB. IN M.F.A. NO.101567/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.), KOPPAL IN LAC NO.26/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100067/2022:
BETWEEN:
SMT. DEVAKAMMA W/O LATE SHIVAPPA GALI,
AGE 66 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101565/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.23/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100068/2022:
BETWEEN:
BADARINARAYAN S/O VASUDEVA VARNEKAR
AGE 52 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
- 32 -
MFA Crob.No.100031 OF 2021
and connected matters
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101560/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.18/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100069/2022:
BETWEEN:
SRI. GAVISIDDAPPA S/O HANUMANTAPPA GALI,
AGE 67 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101575/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.), KOPPAL IN LAC NO.07/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100070/2022:
BETWEEN:
I. VISHNUVARDHAN S/O I. RAMCHANDRA REDDY,
AGE 44 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
- 33 -
MFA Crob.No.100031 OF 2021
and connected matters
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101572/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.30/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100071/2022:
BETWEEN:
SMT. SHANTAMMA W/O NARASAPPA KARATAGI
SINCE DECEASED BY HER LR'S
1.A SRI. HANUMANTAPPA S/O NARASAPPA KARATAGI
AGE: 43 YEARS, OCC.: AGRIL.,
R/O.KOPPAL, TQ. AND DIST. KOPPAL-583231.
1.B SMT. PARVATHAMMA W/O YANKAPPA ARYARU
AGE: 42 YEARS, OCC.: HOUSEHOLD,
R/O.KANDAKUR, TQ. KUSHTAGI & DIST. KOPPAL-583277.
1.C SMT. SUSHEELA W/O BASAVARAJ RAJAPPANAVAR
AGE: 40 YEARS, OCC.: HOUSEHOLD,
R/O. KALSUR VILLAGE, DIST. HAVERI.
1.D SRI. LAXMAN S/O NARASAPPA KARATAGI
AGE: 37 YEARS, OCC.: AGRIL.,
R/O.KOPPAL, TQ. AND DIST. KOPPAL-583231.
1.E SRI. BASAVARAJ S/O NARASAPPA KARATAGI
AGE: 30 YEARS, OCC.: AGRIL.,
R/O.KOPPAL, TQ. AND DIST. KOPPAL-583231.
2. SRI KHANDYAPPA S/O FAKEERAPPA KARATAGI
AGE: 70 YEARS, OCC.: AGRIL,
R/O. KOPPAL, TQ. AND DIST. KOPPAL-583231.
- CROSS OBJECTORS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
- 34 -
MFA Crob.No.100031 OF 2021
and connected matters
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101570/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.13/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100072/2022:
BETWEEN:
I. VISHNUVARDHAN S/O I. RAMCHANDRA REDDY,
AGE 44 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101580/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.28/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100073/2022:
BETWEEN:
SMT. LAXMAWWA W/O DURGAPPA,
AGE 65 YEARS, OCC. AGRIL, R/O KOPPAL.
- 35 -
MFA Crob.No.100031 OF 2021
and connected matters
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101569/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.14/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100074/2022:
BETWEEN:
SRI. ABDUL GAFURSAB S/O ABDUL REHAMANSAB BEPARI,
AGE 64 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101593/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN.), KOPPAL IN LAC NO.11/2017 DATED 19.02.2020 & ETC.
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MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. CROB. NO. 100075/2022:
BETWEEN:
1. CHANDRAPPA S/O ERAPPA KAVALUR
AGE 50 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
2. RAMESH S/O GURUBASAPPA CHAKKADI
AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTORS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB IN M.F.A. NO.101564/2020 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT
AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN),
KOPPAL IN LAC NO.36/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100076/2022:
BETWEEN:
I. VISHNUVARDHAN REDDY S/O RAMCHANDRA REDDY,
AGE 44 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
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MFA Crob.No.100031 OF 2021
and connected matters
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101566/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.29/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100077/2022:
BETWEEN:
1. SMT. YALLAWWA W/O HANUMANTHAPPA KARATAGI,
AGE 65 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
2. DODDAGOURAWWA W/O RATNAPPA KARATAGI,
AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.
3. MANJUNATH S/O DEVENDRAPPA KARATAGI,
AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.
4. PARASHURAM S/O RATNAPPA KARATAGI,
AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.
5. SMT. RENAVVA W/O SIDDAPPA KARATAGI,
AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTORS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101573/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.12/2017 DATED 19.02.2020 & ETC.
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MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. CROB. NO. 100078/2022:
BETWEEN:
GUDADAPPA S/O MAILARAPPA MUDDABALLI,
AGE 60 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101579/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.17/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100079/2022:
BETWEEN:
1. SRI. GAVISIDDAPPA S/O MALIMALLAPPA DOLLIN
AGE 49 YEARS, OCC. AGRICULTURE, R/O KOPPAL-583231.
SRI. RAMAPPA S/O MALIMALLAPPA DOLLIN
SINCE DECEASED BY HIS LR'S
2A. SMT. RENAVVA W/O RAMAPPA DOLLIN
AGE 49 YEARS, OCC. AGRIL., R/O. KOPPAL-583231.
2B. KUM. MARUTI S/O RAMAPPA DOLLIN
AGE 23 YEARS, OCC. AGRIL., R/O. KOPPAL-583231.
3. SRI. PARASAPPA S/O MALIMALLAPPA DOLLIN
AGE 40 YEARS, OCC. AGRICULTURE,R/O KOPPAL-583231.
- CROSS OBJECTORS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
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MFA Crob.No.100031 OF 2021
and connected matters
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IS FILED UNDER ORDER 41 RULE 22 OF
CPC, PRAYING TO THEREBY MODIFY THE JUDGMENT AND AWARD
PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC
NO.15/2017 DATED 19.02.2020 & ETC.
IN M.F.A. CROB. NO. 100080/2022:
BETWEEN:
SRI. GAVISIDDAPPA S/O BALAPPA RONAD,
AGE 63 YEARS, OCC. AGRIL, R/O. KOPPAL.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, KOPPAL.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101577/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.6/2017 DATED 19.02.2020 & ETC.
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MFA Crob.No.100031 OF 2021
and connected matters
IN M.F.A. CROB. NO. 100081/2022:
BETWEEN:
SMT. P. RAJANI W/O P. HANUMANTHA RAO
AGE 55 YEARS, OCC. AGRICULTURE,
R/O HOSPETE, DIST. BALLARI.
- CROSS OBJECTOR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD,
1ST, 3RD, AND 4TH FLOOR,
CAUVERY BHAVAN, K.G. ROAD,
BENGALURU-560009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD,
KOPPAL-583231.
- RESPONDENTS
(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
THIS M.F.A. CROB. IN M.F.A. NO.101581/2020 IS FILED
UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR.
DN), KOPPAL IN LAC NO.34/2017 DATED 19.02.2020 & ETC.
THESE MFA CROSS OBJECTIONS AND MISCELLANEOUS FIRST
APPEALS HAVING BEEN HEARD AND RESERVED ON 22.07.2025,
COMING ON FOR 'PRONOUNCEMENT OF JUDGMENT', THIS DAY, THE
COURT PRONOUNCED THE FOLLOWING:
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MFA Crob.No.100031 OF 2021
and connected matters
CAV COMMON JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
The Karnataka Housing Board, through the Special
Land Acquisition Officer has filed these Miscellaneous First
Appeals, being aggrieved of the enhancement of
compensation at the hands of the reference Court in L.A.C.
No. 17/2017 and various other land acquisition cases
arising out of preliminary notification dated 19.10.2010.
The land owners/ claimants have also filed cross
objections to the appeals and are seeking further
enhancement. Therefore, all the appeals and cross
objections were clubbed, heard together and are being
disposed of by this common judgment.
2. The undisputed facts are that for the benefit of the
Karnataka Housing Board, the State Government issued
preliminary notification dated 19.10.2020 for the purpose
of formation of a residential layout, at Koppal town limits,
seeking to acquire 208.11 acres. Final notification was
however issued on 15.02.2012 confining the acquisition to
202.07 acres. The Special Land Acquisition Officer passed
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MFA Crob.No.100031 OF 2021
and connected matters
awards, determining compensation at the rate of
Rs.6,20,100/- per acre. However by the impugned
judgments the reference Court has enhanced the
compensation at the rate of Rs.26,13,600/- per acre.
3. Learned senior counsel Sri Gurudas Kannur,
appearing for the KHB, submitted that the reference Court
fell in error by taking into consideration four sale deeds
and the consideration shown therein at Exs.P.16 to P.19.
It is submitted that the exemplar sale deeds at Exs.P.16 to
P.19 pertain to small plots of lands measuring between
1280 sq.ft. to 3600 sq.ft. It is also contended that the said
plots were situated within the municipal limits of Koppal,
whereas the lands acquired are situated in Koppal village.
It is contended that the total extent of land acquired is
202.07 acres and a uniform rate has been fixed by the
reference Court. It is contended that the acquired lands
are not situated near the National Highway or the State
Highway. The nearest land to the National Highway may
be around 100 to 150 meters away from the National
Highway. The last of the lands notified for acquisition may
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MFA Crob.No.100031 OF 2021
and connected matters
be about 500 to 600 meters away from the National
Highway. It is therefore contended that the reference
Court has erred in awarding a uniform rate to all the lands,
irrespective of their proximity to the National Highway and
the fair market value.
4. The learned senior counsel has also taken this Court
through the judgments in L.A.C. No. 38/2012 and M.F.A.
No. 25383/2012, which pertain to another notification,
where the lands were acquired for the construction of the
District Hospital. It is contended that the lands acquired
for construction of District Hospital were situated next to
the National Highway and therefore the value of those
lands could not be compared with the lands in question. It
is also pointed out that in the said judgments pertaining to
the District Hospital, the exemplars were the sale
consideration shown in respect of small residential/
commercial plots and despite the proximity of the lands to
the National Highway, the market value was taken as
Rs.120/- per sq.ft. The same could not be taken as the
fair market value of the lands in question. In this regard,
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MFA Crob.No.100031 OF 2021
and connected matters
learned senior counsel placed reliance on Cement
Corporation of India Ltd. Vs. Purya & Ors.1, where it
was held that the words "may be accepted as evidence" as
found in Sec. 51-A of the Land Acquisition Act indicated
that there is no compulsion on the Court to accept such
transaction as evidence, but it is open to the Court to treat
them as evidence. However, courts are required to take
into consideration the comparative nature of the land,
location of the land, the market potentiality of the land,
etc. and fix the compensation on an arithmetic calculation.
It was however held that the evidence produced by both
the sides have to be evaluated, to find out which of the
exemplars are best suited to the facts of the case, having
regard to the comparative nature of the location,
suitability, marketability, etc. to fix the market value of
the land acquired. The learned counsel would therefore
submit that the reference Court fell in error by simply
following the judgment rendered by this Court in M.F.A.
No. 25383/2012, which was not in respect of the
1
2004 (8) SCC 270
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MFA Crob.No.100031 OF 2021
and connected matters
notification in question and the two lands were not
comparable.
5. Learned counsel would further submit that the
reference Court has not looked into the sales statistics
produced and marked as Ex.R.2, before the reference
Court. The sales statistics has been obtained from the
office of the Sub Registrar, Koppal village and the statistics
provided information regarding the sale transaction and
the value shown in the sale transactions for the year 2009
and 2010. The price ranged between 3.60 lakhs to 4 lakhs
per acre and maximum of Rs.8.10 lakhs per acre, in the
year 2010. It is submitted that the reference Court should
have taken into consideration the highest price, i.e.,
Rs.8.10 lakhs per acre, as the fair market value of the
lands in question. It is submitted that the consistent
opinion of this Court and of the Hon'ble Supreme Court is
that when assessing the market value of larger extents of
land, the Courts should take into consideration the
comparative sale value shown in sale transactions of such
larger extents of land. Courts should avoid considering
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MFA Crob.No.100031 OF 2021
and connected matters
the sale value of smaller extents of land, when the sale
value of larger extents are made available to the Court. In
this regard, reliance is placed on Chimanlal Hargovind
Das Vs. Special Land Acquisition Officer, Poona &
Ors.2 It was pointed out that the Apex Court, in the case
of Special Deputy Collector & Ors. Vs. Kurra
Sambashiva Rao & Ors.3 has held that it is the bounden
duty of the Court to evaluate the evidence on the basis of
the human conduct, even if no rebuttal evidence is
produced by the Land Acquisition Officer, to assess the
market value applying the relevant tests laid down by the
Apex Court. It was held that the burden of proof that the
amount awarded by the S.L.A.O. is not adequate is always
on the claimant. The burden is to adduce relevant and
material evidence to establish that the acquired lands are
capable of fetching higher market value than the amount
awarded by the S.L.A.O. It would be relevant to notice
the decision of the Apex Court in paragraph No.7 which
reads as follows:
2
1988 (3) SCC 751
3
1997 (6) SCC 41
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MFA Crob.No.100031 OF 2021
and connected matters
"7. Whether fair and reasonable and adequate market
value is always a question of fact depends on the
evidence adduced, circumstantial evidence, and
probabilities arising in each case. The guiding star or the
acid test would be whether a hypothetical willing vendor
would offer the lands and a willing purchaser in normal
human conduct would be willing to buy as a prudent man
in normal market conditions prevailing in the open market
in the locality in which the acquired lands are situated as
on the date of the notification under Section 4(1) of the
Act; but not an anxious buyer dealing at arm's length
with throw away price, nor façade of sale or fictitious
sales brought about in quick succession or otherwise to
inflate the market value. The judge should sit in the arm
chair of the said willing buyer and seek an answer to the
question whether in the given set of circumstances as a
prudent buyer he would offer the same market value
which the court proposed to fix for the acquired lands in
the available market conditions. The court is, therefore,
enjoined with the bounden duty of public function and
judicial dispensation in determination of the market value
of the acquired land and compulsory acquisition."
6. The learned counsel would also point out to
paragraph No.9 of the judgment in Kurra Sambashiva
Rao (supra), where another decision in Basant Kumar &
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MFA Crob.No.100031 OF 2021
and connected matters
Ors. Vs Union of India4, was noticed. In the said case
the Apex Court had held that the doctrine of equality in
determination of payment of same compensation to all
claimants covered by the same notification, is not a good
principle. Treating the entire village as one unit and
uniformly determining compensation on that basis is not
sustainable in law. The Court must always determine
market value prevailing on the date of notification under
Section 4(1) of the Act and not what was claimed by the
parties. The Court should sit in the armchair of a prudent
willing purchaser and see whether he would be willing to
offer the same price as is proposed to be fixed by the Land
Acquisition Officer as market value for the same or similar
lands possessed of all the advantageous features. It was
also held in Union of India & Ors. Vs. Mangatu Ram &
Ors.5 that Article 14 has no application to the land
acquisition cases vis-à-vis determination of compensation,
for the obvious reason that it is hardly possible that all the
lands are equal in all respects; they differ from one
4
(1996) 11 SCC 542
5
AIR 1997 SC 2704
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MFA Crob.No.100031 OF 2021
and connected matters
another and bare different features, e.g., nature, quality
and character; therefore, all the lands do not command
the same market value when they are sold to a willing
purchaser by a willing vendor in the open market.
7. Per contra, learned senior counsel Sri Jayakumar S.
Patil, appearing for the respondents/claimants and the
cross objectors contended, while placing reliance on
Administrator General of West Bengal Vs. Collector,
Varanasi6 submitted that the principle that evidence of
market value of sales of small, developed plots is not a
safe guide in valuing large extents of land has to be
understood in its proper perspective. Learned senior
counsel submitted that the Apex Court has held, not only
in Administrator General of West Bengal (supra), but
also in a catena of judgments, that valuing such small, laid
out sites in the area at or about the time of the notification
would be relevant, however, necessary deductions for the
extent of land required for the formation of roads and
other civic amenities; expenses of development of the
6
(1988) 2 SCC 150
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MFA Crob.No.100031 OF 2021
and connected matters
sites by laying out roads, drains, severes, water and
electricity lines and the interest on the outlays for the
period of deferment of the realization of the price; the
profits on the venture, etc. are required to be taken into
consideration. It was held by the Apex Court in Sahib
Singh Kalha Vs. Amritsar Improvement Trust7, that
deductions for land required for roads and other
development expenses can, together, come upto as much
as 53%. But the prices fetched for small plots cannot
directly be applied in the case of large areas for the reason
that the former reflects the 'retail' price of the land and
the latter, the 'wholesale' price. In that view of the
matter, learned senior counsel submitted that the
submission on the other side that the value of small plots
cannot be taken into consideration, should be rejected.
8. The learned senior counsel submitted that the
reference Court has applied these principles and
considered the sale transctions in respect of the plots as
found in Exs.P.16 to P.19 which pertain to the same year
7
(1982) 1 SCC 419
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MFA Crob.No.100031 OF 2021
and connected matters
as the notification and a few months prior to the issuance
of the notification and therefore they can be taken into
consideration. It is pointed out from the impugned
judgment that the reference Court found from the four
sale transactions that the sale consideration of the plots is
at the rate of Rs.120/- per sq.ft. and the reference Court
has deducted 30% towards the land area to be set apart
for providing infrastructural facilities and has further
deducted 20% towards developmental expenditure. In
this manner the reference Court has arrived at Rs.60/- per
sq.ft. and has arrived at the figure Rs.26,13,600/- per
acre (Rs.60/- x 43,560 sq.ft.).
9. However the learned senior counsel, while placing
reliance on a recent judgment of the Apex Court in the
case of Horrmal (deceased) through his LRs & ors.
Vs. State of Haryana & Ors.8 submitted that the Apex
Court has held that there is no bar in law against
considering sale exemplars of smaller plots, provided they
are subjected to adequate developmental charges. The
8
(2024 SCC OnLine SC 2990)
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MFA Crob.No.100031 OF 2021
and connected matters
rationale behind applying such cuts lies in the fact that
smaller plots often command higher prices due to their
developed nature, whereas a larger tract of land which is
acquired for development may require sufficient allocation
for creating roads, parks, essential services, etc. However,
the Apex Court has also held that where there are multiple
sale deeds available for consideration, the Court shall rely
on the highest valued exemplars, unless the prices fall
within a narrow range, in which case calculating an
average of the values therein may be more congruous. In
that view of the matter, learned senior counsel submitted
that the reference Court should have taken into
consideration Exs.P.19 where the valuation of the plot per
sq.ft. is Rs.300/-. It is submitted that even if the
maximum deduction is given, the reference Court would
have arrived at Rs.100/- per sq.ft.
10. Learned senior counsel Sri Jayakumar S. Patil would
also submit that in terms of the judgment of the Apex
Court cited above, the maximum deduction that could be
applied is 53% and going by that standard, the rate per
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MFA Crob.No.100031 OF 2021
and connected matters
sq.ft. after deduction, in terms of Ex.P.17 would be
Rs.67.21/- and Ex.P.19 would be Rs.141/-.
11. Learned senior counsel would also submit that
another method that is prescribed is to take into
consideration the compensation fixed in earlier acquisition
notifications or the subsequent notifications and adding
10% per annum either for escalation or deduction. In that
regard, the learned senior counsel submits that in respect
of Hirehalla project, where nearby lands were acquired the
Hon'ble Supreme Court awarded Rs.16,94,977/- per acre.
It was a notification of the year 2005. By applying the
10% per annum escalation method, the result would be
Rs.27,29,775/- per acre, for the lands in question.
12. It was further submitted that the contention of the
KHB that uniform rates could not be fixed cannot be
accepted and the reference Court has rightly awaded
uniform rates to all the lands in question. It is pointed out
that even the SLAO, while passing awards, has maintained
uniform rates to all the lands in question. This is because
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MFA Crob.No.100031 OF 2021
and connected matters
the lands in question are acquired for the purpose of
formation of a residential layout at the hands of the KHB.
The lands are admittedly sandwitched between the
National Highway on the Northern side and the District
Main road on the Southern side. The idea is to form a
layout which would have access to the National Highway
as well as District Main Road. Therefore, there is nothing
wrong in prescribing uniform rates while passing awards.
13. Learned senior counsel Sri Jayakumar S. Patil,
therefore submitted that these are cases for enhancement
and not for reduction.
14. Heard learned senior counsel Sri Gurudas Kannur for
the appellants-KHB, learned senior counsel Sri Jayakumar
S. Patil for the respondents/ claimants/ cross objectors
and perused the appeal memo and cross objections.
15. It is not disputed that 4(1) notification, for the
purpose of construction of the District Hospital was issued
on 29.03.2010. It is noticeable that lands in Sy. No. 266
was the subject matter of acquisition for the District
Hospital. The said survey number is abutting the National
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MFA Crob.No.100031 OF 2021
and connected matters
Highway and some of the lands in question are situated
just below Sy. No. 266. This is the reason why the
reference Court has taken into consideration Ex.P.20,
which is the award settled in respect of Sy. No. 266, of the
same year. The reference Court has arrived at Rs.120/-
per sq.ft., having regard to the compensation awarded in
respect of the neighbouring lands, under a different
notification, which is about five months apart. The
reference Court has adopted the same method as was
done by this Court in M.F.A. No. 25383/2012.
16. However, what has been ignored is the fact that
five months prior to the issuance of the notification under
Section 4(1), in respect of the lands in question
(09.08.2010), the acquisition notification for the purpose
of construction of District Hospital was issued on
29.03.2010. The reason as to why Courts have directed
not to take into consideration any sale transaction in the
close proximity, immediately after the issuance of 4(1)
notification, is that there may be obvious increase in the
value of such lands, abutting the notified lands. In that
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MFA Crob.No.100031 OF 2021
and connected matters
view of the matter, it cannot be gainsaid that immediately
after issuance of the 4(1) notification dated 29.03.2010, in
respect of the District Hospital, there would be increase in
the market value of the lands in question which are
abutting the lands notified for construction of the District
Hospital. This aspect of the matter has not been
considered by the reference Court.
17. Even if the lands in question are a few meters away
from the National Highway, nevertheless, any prudent
buyer would offer a better price to the lands in question,
following the acquisition of the neighbouring lands where
the District Hospital was proposed to be constructed. It is
also an admitted fact that the office of the Deputy
Commissioner is also situated a few meters away from the
District Hospital. In fact, the area between the District
Hospital and the office of the Deputy Commissioner forms
the access for the proposed layout to be formed by the
KHB. This aspect of the matter is found in the impugned
judgment, where the reference Court has taken note of
the said facts. The reference Court has noticed the
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and connected matters
contention of the claimants that the lands in question are
surrounded by NH-63, school buildings, District
Administration Complex (Office of the Deputy
Commissioner), District Hospital, Lodges, petrol bunk,
Medical College and other buildings. The enhancement of
the value of the lands in question, following the acquisition
of lands for construction of the District Hospital, could not
have been ignored by the refrence Court. The reference
Court, on the other hand, has gone by the compensation
determined and enhanced in respect of Sy. No. 266,
pertaining to the District Hospital. This Court is therefore
of the considered opinion that the award passed by the
reference Court, requires further enhancement.
18. However, this Court is also of the considered
opinion that the submission of the learned senior counsel
Sri Gurudas Kannur, appearing for the KHB, regarding
uniform rates, requires consideration. It is noticeable that
a total extent of 202.07 acres of land have been notified
for formation of a residential layout. These lands are
sandwitched between the National Highway (after the
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MFA Crob.No.100031 OF 2021
and connected matters
District Hospital) and the District Main Road. The distance
from the National Highway to Sy. Nos. 269/1, 268/3,
268/8, 268/5 may be around 100-150 meters. The
distance between the National Highway and the District
Highway may be around 500-600 meters. We also find
that Sy. Nos. 367/1, 367/2, 367/3, 367/4, which are at
the Southernmost end of the layout, are abutting the
District Main Road. We are therefore of the considered
opinion that the SLAO and the Reference Court could not
have prescribed uniform rates to all the lands in question.
The advantage enjoyed by the lands situated in close
proximity to the National highway and the District Main
Road cannot be claimed by the lands situated in between.
19. We however, do not accede to the submission made
on behalf of the appellant-KHB that the reference Court
has erred in taking into consideration the valuation of the
smaller plots. We have noticed the fact that the reference
Court has not only taken into consideration the valuation
of the smaller plots, but it has taken into consideration the
award enhanced at the hands of this Court in M.F.A. No.
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MFA Crob.No.100031 OF 2021
and connected matters
25383/2012 in respect of the neighbouring acquired land
in Sy. No. 266. Reliance placed on the said enhancement
of award in M.F.A. No. 25383/2012 is justiciable, since the
two notifications are five months apart and in respect of
the neighbouring lands.
20. We are therefore of the considered opinion that the
lands situated at the Northern end and Southern end of
the layout should be valued at Rs.140/-. At that rate, the
enhanced compensation shall be computed thus:
Market rate of the land : Rs.140/-
Deduction at 50% : Rs.70/-
Rate per acre (40 guntas) : 43,560 sq.ft. x Rs.70/-
= Rs.30,49,200/- per acre
Insofar as the lands situated in the mid portion
should be valued at Rs.130/-.
At that rate, the enhanced compensation shall be
computed thus:
Market rate of the land : Rs.130/-
Deduction at 50% : Rs.65/-
Rate per acre (40 guntas) : 43,560 sq.ft. x Rs.65/-
= Rs.28,31,400/- per acre
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and connected matters
21. Consequently, we proceed to pass the following
order.
ORDER
(i) The Miscellaneous First Appeals filed at the hands of
the KHB are dismissed;
(ii) The Cross Objections filed by the claimants are
allowed in part.
(iii) The award in respect of the lands in Sy. No. 269/1,
269/6, 269/3, 269/4, 269/5, 268/3, 270/2P,
270/10, 270/8, 270/6, 270/1, 270/9, 270/3, 270/4,
270/7, 270/5, 273/2, 273/3, 268/8, 268/5, 268/7
(Northern portion) and Sy. No. 367/2, 367/4,
367/1, 367/3, 368/2, 368/1, 368/4, 368/3
(Southern portion) stand enhanced to
Rs.30,49,200/- per acre.
(iv) The award in respect of the lands in Sy. No. 372/2,
371/1, 323/2, 323/3, 323/3, 323/1, 371/2A, 323/4,
371/1, 371/2B, 371/2C, 325/1, 325/2A, 325/2B,
370, 369/1, 369/2, 326/4, 326/1, 326/5, 326/2,
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326/3 and 325/3 stands enhanced to
Rs.28,31,400/- per acre.
(v) Ordered accordingly.
(vi) Office shall not issue certified copies of this order
without collecting the deficit Court fee from the
cross objectors.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(K V ARAVIND)
JUDGE
bvv
ct: vp
