- 1 - NC: 2025:KHC:16531-DB MFA No. 2497 of 2019 C/W MFA No. 2527 of 2019 MFA No. 2621 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 2497 OF 2019 (LAC) C/W MISCELLANEOUS FIRST APPEAL NO. 2527 OF 2019 (LAC) MISCELLANEOUS FIRST APPEAL NO. 2621 OF 2019 (LAC) IN MFA No. 2497/2019: BETWEEN: DEVEGOWDA SINCE DEAD BY LRS. C.D. ANANDA KUMAR S/O LATE DEVEGOWDA AGED ABOUT 47 YEARS R/O. CHANNAPATNA HASSAN CITY MUNICIPAL WARD No.39, HASSAN-573 201 …APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER HASSAN-573 201 2. THE EXECUTIVE ENGINEER P.W.D. HASSAN-573 201 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16531-DB MFA No. 2497 of 2019 C/W MFA No. 2527 of 2019 MFA No. 2621 of 2019 3. RAVI S/O. LATE DEVEGOWDA AGED ABOUT 52 YEARS CHANNAPATTANA R/AT. HASSAN CITY MUNICIPAL WARD No.39, HASSAN AMENDED AS PER COURT ORDER DATED 04.01.2022 …RESPONDENTS (BY SRI. G.S. ARUNA, HCGP FOR R1 & R2; R3-SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.10.2017 PASSED IN LAC. No.52/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, PARTLY ALLOWING REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. IN MFA NO. 2527/2019: BETWEEN: SRI. NAGAPPA S/O C.R. MALLAPPA AGED ABOUT 65 YEARS R/O. CHANNAPATTNA VILLAGE KASABA HOBLI HASSAN TALUK & DISTRICT-573 201 ...APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SPECIAL LAND ACQUSITION OFFICER AND ASSISTANT COMMISSIONER HASSAN SUB-DIVISION HASSAN-573 201 - 3 - NC: 2025:KHC:16531-DB MFA No. 2497 of 2019 C/W MFA No. 2527 of 2019 MFA No. 2621 of 2019 2. THE EXECUTIVE ENGINEER P.W.D. HASSAN DIVISION HASSAN-573 201 ...RESPONDENTS (BY SRI. G.S. ARUNA, HCGP FOR R1 & R2) THIS MFA IS FILED U/S 54(1) OF LAC ACT AGAINST THE JUDGMENT AND AWARD DATED 04.09.2017 PASSED IN LAC No.51/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2621/2019: BETWEEN: SRI. C.R. RAMESHA S/O RANGEGOWDA AGED ABOUT 48 YEARS R/O. CHANNAPATTNA VILLAGE KASABA HOBLI HASSAN TALUK AND DISTRICT-573 201 ...APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER HASSAN SUB-DIVISION HASSAN-573 201 2. THE EXECUTIVE ENGINEER P.W.D. HASSAN DIVISION HASSAN-573 201 ...RESPONDENTS (BY SRI. G.S. ARUNA, HCGP FOR R1 & R2) - 4 - NC: 2025:KHC:16531-DB MFA No. 2497 of 2019 C/W MFA No. 2527 of 2019 MFA No. 2621 of 2019 THIS MFA IS FILED U/S (1) OF LAC ACT AGAINST THE JUDGMENT AND AWARD DATED 04.09.2017 PASSED IN LAC No.48/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE JMFC, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) These Miscellaneous First Appeals are directed against the judgment and award passed in LAC No.52/2015 dated 16.10.2017, LAC No.51/2015 dated 04.09.2017 and LAC No.48/2015 dated 04.09.2017 by the II Additional Senior Civil Judge and JMFC at Hassan (hereinafter referred to as the 'Reference Court'), wherein the Reference Court has partly allowed the application filed by the appellant herein and fixed - 5 - NC: 2025:KHC:16531-DB MFA No. 2497 of 2019 C/W MFA No. 2527 of 2019 MFA No. 2621 of 2019 the market rate at Rs.1,600/- per square feet along with other statutory benefits. 2. The factual matrix of the case is that, the State of Karnataka/respondent No.1 acquired the lands in house bearing Khatha No.440 measuring 1000 1/2 square feet, Mangaluru Tiled house bearing Khatha No.394 measuring 540 square feet and Mangaluru Tiled house bearing Khatha No.45 measuring 1089 square feet all situated at Channapatna village, Hassan Taluk and District for the purpose of widening state highway road. Hence, a preliminary notification was issued under Section 4(1) of the Land Acquisition Act on 05.02.2005, this was followed by a final notification and the market value was fixed at Rs.100/- per square feet by the Special Land Acquisition Officer. Against the said order, the appellant[s]/claimant[s] in all the appeals approached the Reference Court under Section 18(1) of the Land Acquisition Act for enhancement compensation in LAC No.52/2015, LAC No.51/2015 and LAC No.48/2015 respectively. 3. Before the Reference Court to prove the claim of the appellant[s], the appellant in LAC 52/2015 examined one - 6 - NC: 2025:KHC:16531-DB MFA No. 2497 of 2019 C/W MFA No. 2527 of 2019 MFA No. 2621 of 2019 witness as PW1 and marked 13 documents as Exs.P1 to P13. The respondents also examined one witness as RW1 and marked one document as Ex.R1. The appellant[s] in LAC 51/2015 and LAC 48/2015 examined 4 witnesses as PWs.1 to 4 and marked 18 documents as Exs.P1 to P18. However, the respondents failed to adduce witness and documents. 4. On assessment of oral and documentary evidence, the Reference Court passed the judgment and award in all the above cases by partly allowing the claim petition awarded compensation of Rs.1,600/- per square feet and that the appellant[s] is entitled to solatium at 30% on the enhanced compensation along with an entitled additional amount at 12% per annum as additional market value of the property, they are also entitled for an interest of 9% per annum from the date of possession for a period of 1 year and is thereafter entitled to an interest on the enhanced award amount at the rate of 15% till the date of realization of the entire amount. Aggrieved by the same, the claimant approached this Court by way of appeal. 5. We have heard the learned counsel Sri. Girish B. Baladare for the appellant[s], learned HCGP for respondents - 7 - NC: 2025:KHC:16531-DB MFA No. 2497 of 2019 C/W MFA No. 2527 of 2019 MFA No. 2621 of 2019 No.1 and 2. However, respondent No.3 remained unrepresented. 6. The learned counsel for the appellant[s] primarily contended that the Reference Court grossly erred in fixing the market value as stated supra in the impugned judgment and award challenged in these appeals despite granting higher compensation for the lands situated closer to the current lands in question; in LAC No.32/2010 and LAC No.28/2010, the Reference Court granted a compensation by determining the market value at Rs.5,000/- and Rs.7,000/- per square feet respectively. 7. The learned counsel for the appellant[s] by emphasizing on the documents adduced along with the IA filed under Order 41 Rule 27 of the Code of Civil Procedure, in the instant appeals he prays this Court to remit the matter back to the Reference Court for perusal and consideration of these documents. 8. We have meticulously perused the documents and the order passed by the Reference Court in LAC No.32/2010 and LAC No.28/2010, admittedly the acquired lands in question in - 8 - NC: 2025:KHC:16531-DB MFA No. 2497 of 2019 C/W MFA No. 2527 of 2019 MFA No. 2621 of 2019 the instant appeals are situated closer to lands in LAC stated supra, also, the purpose and land disposition are similar. Nevertheless, the learned HCGP has not seriously rebutted and denied the same. Against this backdrop, matter requires re- consideration at the hands of Reference Court. 9. Accordingly, the appeals are allowed. Consequently, the judgment and award passed by the Reference Court in LAC No.52/2015, LAC No.51/2015 and LAC No.48/2015 are set- aside and thereby the above LACs are remitted back to the Reference Court for fresh consideration as per law. 10. It is made clear that the appellant[s] and respondents are collectively permitted to adduce any additional evidence and relevant documents. Since the acquisition is of the year 2005, the Reference Court is directed to expedite the matter and conclude the proceedings within an outer limit of six months from the date of receipt of certified copy of this Order. 11. All the contentions are left open. 12. In the peculiar facts and circumstances, the Court fee paid by the appellant[s] shall be repaid as per law. - 9 - NC: 2025:KHC:16531-DB MFA No. 2497 of 2019 C/W MFA No. 2527 of 2019 MFA No. 2621 of 2019 13. The parties are directed to appear before the Reference Court on 05.06.2025 without further notice. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 14