- 1 - NC: 2025:KHC:18153-DB MFA No. 7772 of 2019 C/W MFA No. 7835 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 7772 OF 2019 (LAC) C/W MISCELLANEOUS FIRST APPEAL NO. 7835 OF 2019 (LAC) IN MFA NO. 7772/2019: BETWEEN: C.A.O. (RMP) RARE MATERIALS PROJECT RATNAHALLI YELAWALA HOBLI MYSURU TALUK ...APPELLANT (BY SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1. SMT. JAYAMMA W/O LATE CHIKKANANJAIAH R/O. YELAWALA VILLAGE YELAWALA HOBLI MYSURU TALUK MYSURU DISTRICT 2. THE ASSISTANT COMMISSIONER MYSURU SUB DIVISION MYSURU ...RESPONDENTS (BY SRI. G.S. ARUNA, HCGP FOR R2; R1 - SERVED AND UNREPRESENTED) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:18153-DB MFA No. 7772 of 2019 C/W MFA No. 7835 of 2019 THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2011 PASSED IN LAC. No.55/2010 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MYSURU, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18 OF LAND ACQUISITION ACT AND ETC. IN MFA NO. 7835/2019: BETWEEN: BHABHA ATOMIC RESEARCH CENTRE RARE MATERIALS PROJECT RATNAHALLI, YELAWALA HOBLI MYSURU TALUK REP. BY ADMINISTRATIVE OFFICER TAPAN KUMAR BOSE ...APPELLANT (BY SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1. SRI. SIDDEGOWDA S/O LATE JAVARAIAH R/O. YELWALA HOBLI MYSURU TALUK 2. THE ASSISTANT COMMISSIONER MYSORE SUB-DIVISION MYSURU ...RESPONDENTS (BY SRI. G.S. ARUNA, HCGP FOR R2; R1-SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND DECREE DATED 24.04.2010 PASSED IN LAC. No.2/2010 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MYSURU, PARTLY ALLOWING REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT AND ETC. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:18153-DB MFA No. 7772 of 2019 C/W MFA No. 7835 of 2019 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) MFA Nos.7772/2019 and 7835/2019 arise from the order passed by the reference Court dated 30.11.2011 and 24.04.2010 in LAC Nos.55/2010 and 2/2010 respectively. 2. It is submitted by the learned counsel appearing for the appellant that the acquisition in question was initiated by a Preliminary Notification on 30.03.2007. Final Notification was issued on 05.11.2007 and possession of the lands was taken on 25.05.2009. It is contended that an award was passed by the Land Acquisition Officer, fixing an amount of Rs.6,00,000/- per acre in LAC No.55/2010 and Rs.1,50,000/- per acre in LAC No.2/2010 as land value in respect of the Notification in question. It is contended that the land is not situated in a - 4 - NC: 2025:KHC:18153-DB MFA No. 7772 of 2019 C/W MFA No. 7835 of 2019 developed area and that the reference Court has seriously erred in fixing the market value on the basis of the same. 3. It is also submitted that the reference Court, after considering the claim of the first respondent, allowed the reference petition in part and fixed the market value of the acquired land at Rs.19,47,500/- per acre along with additional market value at 12% from the date of preliminary notification till the date of award or possession which ever is earlier, 30% solatium on the market value and interest at the rate of 9% p.a. on the enhanced compensation amount from the date of preliminary notification for a period of one year and at the rate of 15% p.a. for the subsequent period until payment is made or deposited in the Court. 4. It is further submitted that grant of interest from the date of Preliminary Notification is erroneous, since possession was taken only on 25.05.2009 and interest could have been granted only from the date on which, possession was taken. It is also submitted that by - 5 - NC: 2025:KHC:18153-DB MFA No. 7772 of 2019 C/W MFA No. 7835 of 2019 awarding interest from the date of preliminary notification has saddled the appellant with huge pecuniary liability. 5. In the above factual situation, we are of the opinion that the appeal is liable to succeed in-part. The direction for grant of interest from the date of the preliminary notification shall stand set aside. The interest as provided under Section 28 of the Land Acquisition Act, 1894 shall be granted from the date of taking possession that is 25.05.2009. The Miscellaneous First Appeals stand disposed of as above. All pending applications, stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 0