- 1 - HC-KAR NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MFA CROB NO.100142 OF 2018 C/W MFA NO.100116 OF 2016, MFA NO.100117 OF 2016, MFA CROB NO.100143 OF 2018 IN MFA CROSS OBJ NO.100142 OF 2018: BETWEEN: THE DEPUTY CHIEF ENGINEER, SOUTH WESTERN RAILWAY (CONSTRUCTION), HUBBALLI-580020, DIST: DHARWAD. NOW REP. BY DY. C.E., SWR, DAVANGERE-577001. …CROSS OBJECTOR (BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE) AND: 1. GOGGA CHANNABASAVARAJ S/O GOGGA CHANNABASAYYA AGE: 62 YEARS, OCC: BUSINESS, 2. GOGGA GURUSIDDAYYA S/O GOGGA CHANNABASAYYA AGE: 54 YEARS, OCC: BUSINESS, BOTH ARE R/O: GANGAVATHI-583227, TQ: GANGAVATHI, DIST: KOPPAL. 3. THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT, SINDHNOOR-584128, DIST: RAICHUR. VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 12:20:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER 4. THE DEPUTY COMMISSIONER, KOPPAL D.C. OFFICE, KOPPAL, KOPPAL-583231. …RESPONDENTS (BY SRI. B. SHARANABASAWA, ADVOCATE FOR R1 AND R2; SRI. PRAVEEN UPPAR, AGA FOR R3 AND R4) THIS MFA.CROB IN MFA NO.100117/2016 IS FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD DATED 07.12.2015 PASSED IN MVC NO.9/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, GANGAVATHI, AWARDING COMPENSATION OF RS. 800 PER SQUARE FEET & ETC. IN MFA NO.100116 OF 2016: BETWEEN: 1. GOGGA CHANNABASAVARAJ S/O GOGGA CHANNABASAYYA AGE: 59 YEARS, OCC: BUSINESS, 2. GOGGA GURUSIDDAYYA S/O CHANNABASAYYA AGE: 51 YEARS, OCC: BUSINESS, BOTH ARE R/O: TALUK: GANGAVATHI, DIST: KOPPAL. …APPELLANTS (BY SRI. B. SHARANABASAWA, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT SINDHANUR, DIST: RAICHUR. 2. DEPUTY CHIEF ENGINEER, SOUTH-WESTERN RAILWAYS (CONSTRUCTION), HUBBALLI, DIST: DHARWAD. 3. DEPUTY COMMISSIONER, KOPPAL, D.C. OFFICE, KOPPAL. …RESPONDENTS (BY SRI. PRAVEEN UPPAR, AGA FOR R1 AND R3; SRI. MALLIKARJUN S. HIREMATH, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT & AWARD DATED 07.12.2015 PASSED IN LAC.NO.8/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AT GANGAVATHI, PARTLY ALLOWING THE - 3 - HC-KAR NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. IN MFA NO.100117 OF 2016: BETWEEN: 1. GOGGA CHANNABASAVARAJ S/O GOGGA CHANNABASAYYA AGE: 59 YEARS, OCC: BUSINESS, 2. GOGGA GURUSIDDAYYA S/O CHANNABASAYYA AGE: 51 YEARS, OCC: BUSINESS, BOTH ARE R/O: TALUK: GANGAVATHI, DIST: KOPPAL. …APPELLANTS (BY SRI. B. SHARANABASAWA, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT SINDHANUR, DIST: RAICHUR. 2. DEPUTY CHIEF ENGINEER, SOUTH-WESTERN RAILWAYS (CONSTRUCTION), HUBLI, DIST: DHARWAD. 3. DEPUTY COMMISSIONER, KOPPAL, D.C. OFFICE, KOPPAL. …RESPONDENTS (BY SRI. PRAVEEN UPPAR, AGA FOR R1 AND R3; SRI. MALLIKARJUN S. HIREMATH, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT & AWARD DATED 07.12.2015, PASSED IN LAC.NO.9/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AT GANGAVATHI, PARTLY ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. IN MFA CROSS OBJ NO.100143 OF 2018: BETWEEN: THE DEPUTY CHIEF ENGINEER, SOUTH WESTERN RAILWAY (CONSTRUCTION), HUBBALLI-580020, DIST: DHARWAD. - 4 - HC-KAR NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER NOW REP BY DY. C.E., SWR. DAVANGERE-577001. …CROSS OBJECTOR (BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE) AND: 1. GOGGA CHANNABASAVARAJ S/O GOGGA CHANNABASAYYA AGE: 62 YEARS, OCC: BUSINESS, R/O: GANGAVATHI-583227, TQ: GANGAVATHI, DIST: KOPPAL. 2. THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT, SINDHNOOR-584128, DIST: RAICHUR. 3. THE DEPUTY COMMISSIONER, KOPPAL D.C. OFFICE, KOPPAL, KOPPAL-583231. 4. GOGGA GURUSIDDAYYA S/O GOGGA CHANNABASAYYA, AGE. 54 YEARS, OCC. BUSINESS, R/O GANGAVATHI-583227, TQ. GANGAVATHI, DIST. KOPPAL. …RESPONDENTS (BY SRI. B. SHARANABASAWA, ADVOCATE FOR R1 AND R4; SRI. PRAVEEN UPPAR, AGA FOR R2 AND R3) THIS MFA.CROB IN MFA NO.100116/2016 FILED UNDER SECTION 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED 07.12.2015 PASSED IN LAC NO.8/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, GANGAVATHI, AWARDING COMPENSATION OF RS.800/- PER SQUARE FEET & ETC. THESE MFA CROSS OBJECTIONS AND MISCELLANEOUS FIRST APPEALS COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 5 - HC-KAR NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) MFA No.100116/2016 is filed by the claimant and MFA Crob No.100143/2018 is filed by the beneficiary. Being aggrieved by the judgment and award in LAC No.8/2014, MFA No.100117/2016 is filed by the claimants and MFA Crob No.100142/2018 is filed by the beneficiary challenging the judgment and award in LAC No.9/2014. These appeals have been filed challenging the judgment and award of the reference Court dated 07.12.2015 passed by the Senior Civil Judge, Gangavathi, in the aforesaid LAC. 2. It is not in dispute that the land involved in the aforesaid appeal is for the purpose of laying down the Railway Line between Munirabad to Mehaboobnagar under the notification dated 30.07.2009. It is submitted that the land owners have challenged the award of the reference Court before this Court and this Court in MFA No.100355/2016 and other matters re-determined the market value at Rs.2,200/- per sq.ft., and the appeals filed by the beneficiary were rejected. It is submitted that the - 6 - HC-KAR NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER review petition filed by the beneficiary was also rejected vide order dated 21.02.2024 in Review Petition No.100097/2022. It is further submitted that the order of the learned Single Judge in MFA No.100355/2016 and MFA Crob No.100127/2018 challenged before the Hon’ble Supreme Court and the Hon’ble Supreme Court vide order dated 09.09.2024 dismissed the appeal filed by the beneficiary. 3. In view of the aforesaid submissions, the order of learned Single Judge in MFA No.100355/2016 and connected matter attained finality and the acquisition in aforesaid appeal and the accusation in these appeals are one and the same. Hence, in view of the aforesaid undisputed fact, we proceed to pass the following; ORDER i] MFA No.100116/2016 and MFA No.100117/2016 are allowed in part with cost. - 7 - HC-KAR NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER ii] The compensation of the lands in question is re-determined at Rs.2,200/- per sq.ft. iii] It is needless to observe that the claimants are entitled for all statutory benefits and interests as per the law. iv] Cross objections filed in MFA Crob Nos.100142/2018 and 100143/2018 are rejected. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ List No.: 1 Sl No.: 36