[Cites 3, Cited by 0]
Karnataka High Court
The Deputy Chief Engineer ... vs K. G. Krishnappa on 6 February, 2026
-1-
NC: 2026:KHC:6934-DB
M.F.A. No.6163/2016
C/W M.S.A. No.50/2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.6163/2016 (LAC)
C/W
MISCELLANEOUS SECOND APPEAL NO.50/2023 (LA)
IN M.F.A. No.6163/2016:
BETWEEN:
THE DEPUTY CHIEF ENGINEER (CONSTRUCTIONS)
SOUTH WESTERN RAILWAY (WEST)
#18, MILLERS ROAD
CANTONMENT, BENGALURU-560 046.
...APPELLANT
(BY SRI. AJAY PRABHU M, ADV.,)
Digitally signed AND:
by
ARSHIFA BAHAR
KHANAM 1. K.G. KRISHNAPPA
SON OF H. GANGADHRAPPA
HIGH COURT OF
KARNATAKA AGED MAJOR
AND R/AT. KRS AGRAHARA VILLAGE
KUNIGAL TOWN, KUNIGAL TALUK
TUMKUR DISTRICT-572130.
2. THE SPL. LAND ACQUISITION OFFICER
BANGALORE-HASSAN RAILWAY LINE
MINI-VIDANA SOUDHA
TUMKUR-572130.
...RESPONDENTS
(BY SMT. NANDINI B, ADV., FOR
SRI. SOMASHEKARA K.M. ADV., FOR R1
SMT. RADHA RAMASWAMY, AGA FOR R2)
-2-
NC: 2026:KHC:6934-DB
M.F.A. No.6163/2016
C/W M.S.A. No.50/2023
HC-KAR
THIS MFA IS FILED U/S 54(1) OF THE LAND
ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT
AND AWARD DATED 12.02.2015 PASSED IN LAC NO.25/2008
BY THE SENIOR CIVIL JUDGE & JMFC, KUNIGAL AND
CONSEQUENTLY DISMISS THE REFERENCE MADE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN M.S.A. NO.50/2023:
BETWEEN:
THE DEPUTY CHIEF ENGINEER
SOUTH WESTERN RAILWAYS
NO.18, MILLERS ROAD
CONTONMENT, BENGAURU 560046.
...APPELLANT
(BY SRI. RAMA BHAT K, ADV.,)
AND:
1. SRI. K.B. GOWDA
S/O KALALINGAIAH
AGED ABOUT 55 YEARS
R/OF. K.R.S. AGRAHARA
KUNIGAL TOWN-572130.
2. THE SPECIAL LAND ACQUISITION OFFICER
HEMAVATHI CANAL ZONE AND
BENGALURU HASSAN RAILWAYS LANE
MINI VIDHANA SOUDHA
TUMAKURU-572101.
...RESPONDENTS
(BY SMT. RADHA RAMASWAMY, AGA FOR R2
R1 SERVED)
-3-
NC: 2026:KHC:6934-DB
M.F.A. No.6163/2016
C/W M.S.A. No.50/2023
HC-KAR
THIS MSA IS FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ADMIT THE APPEAL AND
CALL FOR ENTIRE RECORDS FROM THE COURTS BELOW IN
R.A.NO.247/2017 ON THE FILE OF THE HON'BLE VII ADDL.
DISTRICT AND SESSIONS JUDGE, TUMKUR AND ALSO IN
LAC NO.28/2009 ON THE FILE OF THE HON'BLE SENIOR
CIVIL JUDGE AND JMFC, KUNIGAL. SET ASIDE THE
JUDGMENT AND ORDER AWARD DATED 03.12.2019
PASSED BY THE HON'BLE VII ADDL. DISTRICT AND
SESSIONS JUDGE, TUMKUR IN R.A.NO.247/2017 AND
CONSEQUENTLY SET ASIDE THE JUDGMENT AND AWARD
DATED 09.10.2013 PASSED BY THE HON'BLE SENIOR CIVIL
JUDGE & JMFC, KUNIGAL IN LAC NO.28/2009 BY
ALLOWING THIS MISC. SECOND APPEAL & ETC.
THESE APPEALS HAVING BEEN HEARD AND RESERVED
ON 03.02.2026, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT, THIS DAY VIJAYKUMAR A. PATIL J., DELIVERED
THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
MFA No.6163/2016 is filed by the Executive
Engineer, South Western Railway (West), Bengaluru,
challenging the judgment and award dated 12.02.2015
passed in LAC No.25/2009 by the Senior Civil Judge and
JMFC, Kunigal.
NC: 2026:KHC:6934-DB
HC-KAR
MSA No.50/2023 is filed by the Deputy Chief
Engineer, South Western Railways, Bengaluru, challenging
the judgment and award dated 09.10.2013 passed in LAC
No.28/2009 by the Senior Civil Judge and JMFC, Kunigal
and the judgment and award dated 03.12.2019 passed in
R.A.No.247/2017 by the Principal District and Sessions
Judge, Tumakuru.
2. The brief facts leading to filing of these appeals
are that under the preliminary notification dated
18.01.2007 and the final notification dated 01.11.2007,
the lands of the respondents-claimants were acquired.
The possession of the lands was taken over. In LAC
No.25/2009, the compensation was awarded to the
claimants at Rs.6,13,837/- and in LAC No.28/2009, the
compensation was awarded at Rs.1,76,752/-. The
claimants in both the cases sought reference under
Section 18 of the Land Acquisition Act, 1894. In both the
cases, the Reference Court re-determined the market
value at Rs.250/- per sq. ft. with statutory benefits and
NC: 2026:KHC:6934-DB
HC-KAR
interest. Being aggrieved by the judgment in LAC
No.28/2009, the Indian Railways filed regular appeal in
R.A.No.247/2017 along with an application seeking to
condone the delay in filing the appeal. The First Appellate
Court, considering the reasons stated in the affidavit,
recorded the finding that no cause is shown to condone
the delay and dismissed the appeal. Being aggrieved, the
beneficiary of the acquisition has filed these appeals.
3. Sri.Ajay Prabhu M., learned counsel for the
appellant in MFA No.6163/2016 submits that the
Reference Court has not considered the evidence in its
proper prospective and solely based on the judgment in
LAC No.25/2009, re-determined the market value at
Rs.250/- per sq. ft. It is submitted that the very Bench in
the case of THE DEPUTY CHIEF ENGINEER
(CONSTRUCTION), SOUTH WESTERN RAILWAY,
BANGALORE Vs. SRI.SATHISH AND OTHERS1
considered all the aspects and re-determined the market
MFA No.3681/2019 and con. matter dt. 24.01.2025
NC: 2026:KHC:6934-DB
HC-KAR
value at Rs.200/- per sq. ft. It is further submitted that
the acquisition in these appeals is for the same project and
under the same notification and hence, these appeals are
also liable to be allowed.
4. Sri.K.Rama Bhat, learned counsel appearing for
the appellant in MSA No.50/2023 submits that the
Appellate Court did not appreciate the fact that the delay
is for the administrative reasons and proceeded to reject
the application. It is submitted that now this Court has
already considered the appeal filed by the beneficiary and
re-determined the market value at Rs.200/- per sq. ft.
Hence, he seeks to allow the appeal by condoning the
delay.
5. Per contra, Smt.Nandini B., learned counsel for
the claimant in MFA No.6163/2016 supports the impugned
judgment and award of the Reference Court and submits
that the Reference Court, considering the oral and
documentary evidence re-determined the market value at
NC: 2026:KHC:6934-DB
HC-KAR
Rs.250/- per sq. ft. which does not call for any
interference in this appeal.
6. In MSA No.50/2023, though notice is served on
the respondent Nos.1 and 2, they remained absent.
7. We have heard the learned counsels
representing the parties, meticulously perused the
material on record and have given our anxious
consideration to the submissions advanced on both the
sides.
8. In MFA No.6163/2016 arising out of LAC
No.25/2009, the land measuring 17.08 guntas (19057½
sq. ft.) in Sy.No.33/2 within the town limits of Kunigal
situated at KRS Agrahara, Kunigal town, converted from
agricultural to non-agricultural purpose, was acquired for
the formation of Bangalore-Hassan Railway line, vide
preliminary notification dated 18.01.2007 and the final
notification dated 01.11.2007. The Land Acquisition
Officer awarded compensation of Rs.6,13,837/-. Being
NC: 2026:KHC:6934-DB
HC-KAR
aggrieved by the said award, reference under Section
18(1) of the Act was sought. The claimant examined
himself as PW-1 and got marked Exs.P1 to P18. The
respondent-official examined himself as RW-1 but did not
produce any documentary evidence. The Reference Court
has recorded a clear finding that the acquired land was
converted from agricultural to non-agricultural purposes.
The Reference Court, considering the comparative sales
for the relevant time, ultimately placed reliance on the
judgment in LAC No.28/2009 which was marked as Ex.P3,
determined the market value at Rs.250/- per sq. ft. It is
to be noticed that this Court in the case of the DEPUTY
CHIEF ENGINEER (CONSTRUCTION) referred supra,
considering the fact that the acquired land was converted
to non-agricultural purposes, was adjacent to National
Highway, considering the decision of the Co-ordinate
Bench in the case of VENKATARAMAIAH Vs. SPECIAL
LAND ACQUISITION OFFICER2 and taking note of the
MFA No.2207/2016 dt. 28.9.21
NC: 2026:KHC:6934-DB
HC-KAR
judgment in R.A.No.248/2017, has re-assessed the market
value at Rs.200/- per sq. ft. We have meticulously
perused the reasoning rendered in the aforesaid two
decisions. It is noticed that the acquisition in the aforesaid
cases and the case on hand is for the same purpose and
are under the same notification. It is further noticed that
the nature of the lands covered in the aforesaid decisions
and the case on hand is also similar as both the lands fall
within the municipal limits and converted for non-
agricultural purposes. Hence, to maintain parity, we are
of the considered view that this appeal also deserves to be
allowed-in-part by re-determing the market value at
Rs.200/- per sq. ft. with statutory benefit and interest.
9. In MSA No.50/2023, the land of the respondent
No.1-claimant measuring 2400 sq. ft. in Municipal
assessment No.1227 of Jodi, K.R.S. Agrahara Village,
Kunigal, in Sy.No.28/1 was acquired under the same
notification and the Land Acquisition Officer awarded the
compensation of Rs.1,76,752/- and the Reference Court
- 10 -
NC: 2026:KHC:6934-DB
HC-KAR
enhanced the same to Rs.250/- per sq. ft. with statutory
benefit and interest. The beneficiary of the acquisition
filed regular appeal which came to be dismissed on the
ground that the appeal was filed belatedly. It is to be
noticed that the appellant has provided explanation for the
delay in filing the appeal. The Trial Court rejected the said
application and consequently, rejected the appeal. Be that
as it may, now the beneficiary of the acquisition is in
appeal and this Court, in the judgment referred supra, has
re-determined the market value at Rs.200/- per sq. ft. in
respect of the land losers of the same area acquired under
the same notification and for the same purpose. Hence,
we are of the considered view that the present appeal also
deserves to be allowed-in-part to maintain parity in the
award of compensation to the land losers. Hence, we
proceed to passed the following:
ORDER
These appeals are allowed-in-part with costs. The
compensation is re-determined and the market value is
- 11 -
NC: 2026:KHC:6934-DB
HC-KAR
fixed at Rs.200/- per sq. ft. with statutory benefits and
interest, in accordance with law.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV
List No.: 3 Sl No.: 1
