1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE R DEVDAS AND THE HON'BLE MR JUSTICE RAJESH RAI K REVIEW PETITION NO. 100046 OF 2023 C/W REVIEW PETITION NO. 100047 OF 2023 C/W REVIEW PETITION NO. 100048 OF 2023 C/W REVIEW PETITION NO. 100049 OF 2023 C/W REVIEW PETITION NO. 100050 OF 2023 C/W REVIEW PETITION NO. 100051 OF 2023 C/W REVIEW PETITION NO. 100052 OF 2023 IN R.P. NO. 100046 OF 2023 BETWEEN M/S. BAGALKOT CEMENT AND INDUSTRIES LTD., (FORMERLY CEMENT DIVISION OF BAGALKOT UDYOG LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE 2 AT 6TH FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400 020 AND ITS MANUFACTURING UNIT AT BAGALKOT-587111 REPRESENTED BY ITS MANAGER LEGAL AND AUTHORIZED REPRESENTATIVE MR.A.R.NIDASHESHI ...PETITIONER (BY SRI. ASHOK HARANAHALLI., SR. COUNSEL A/W SRI. S B HEBBALLI., ADVOCATE) AND 1 . THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOMENT AUTHORITY (BTDA) BAGALKOT-587101 2 . THE DEPUTY COMMISSIONER BAGALKOT-587101 ……RESPONDENTS (BY SRI.KESAVA REDDY., AAG) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE (1) R/W 114 OF CPC, PRAYING TO, REVIEW THE ORDER DATED 07.07.2023 PASSED IN MFA.NO. 102892/2019(LAC) AND PASS SUCH OTHER ORDERS AS DEEMED FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. IN R.P. NO. 100047 OF 2023 BETWEEN M/S. BAGALKOT CEMENT AND INDUSTRIES LTD., (FORMERLY CEMENT DIVISION OF BAGALKOT UDYOG LIMITED) A COMPANY INCORPORATED UNDER 3 THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT 6TH FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400 020 AND ITS MANUFACTURING UNIT AT BAGALKOT-587111 REPRESENTED BY ITS MANAGER LEGAL AND AUTHORIZED REPRESENTATIVE MR.A.R.NIDASHESHI ...PETITIONER (BY SRI. ASHOK HARANAHALLI., SR. COUNSEL A/W SRI. S B HEBBALLI., ADVOCATE) AND 1 . THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOMENT AUTHORITY (BTDA) BAGALKOT-587101 2 . THE DEPUTY COMMISSIONER BAGALKOT-587101 ……RESPONDENTS (BY SRI.KESAVA REDDY., AAG) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE (1) R/W 114 OF CPC, PRAYING TO, REVIEW THE ORDER DATED 07.07.2023 PASSED IN MFA.NO. 102898/2019(LAC) AND PASS SUCH OTHER ORDERS AS DEEMED FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. IN R.P. NO. 100048 OF 2023 BETWEEN M/S. BAGALKOT CEMENT AND INDUSTRIES LTD., (FORMERLY CEMENT DIVISION OF BAGALKOT UDYOG LIMITED) 4 A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT 6TH FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400 020 AND ITS MANUFACTURING UNIT AT BAGALKOT-587111 REPRESENTED BY ITS MANAGER LEGAL AND AUTHORIZED REPRESENTATIVE MR.A.R.NIDASHESHI ...PETITIONER (BY SRI. ASHOK HARANAHALLI., SR. COUNSEL A/W SRI. S B HEBBALLI., ADVOCATE) AND 1 . THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOMENT AUTHORITY (BTDA) BAGALKOT-587101 2 . THE DEPUTY COMMISSIONER BAGALKOT-587101 ……RESPONDENTS (BY SRI.KESAVA REDDY., AAG) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE (1) OF CPC, PRAYING TO, REVIEW THE ORDER DATED 07.07.2023 PASSED IN MFA.NO. 102899/2019(LAC) AND PASS SUCH OTHER ORDERS AS DEEMED FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. IN R.P. NO. 100049 OF 2023 BETWEEN M/S. BAGALKOT CEMENT AND INDUSTRIES LTD., (FORMERLY CEMENT DIVISION OF 5 BAGALKOT UDYOG LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT 6TH FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400 020 AND ITS MANUFACTURING UNIT AT BAGALKOT-587111 REPRESENTED BY ITS MANAGER LEGAL AND AUTHORIZED REPRESENTATIVE MR.A.R.NIDASHESHI ...PETITIONER (BY SRI. ASHOK HARANAHALLI., SR. COUNSEL A/W SRI. S B HEBBALLI., ADVOCATE) AND 1 . THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOMENT AUTHORITY (BTDA) BAGALKOT-587101 2 . THE DEPUTY COMMISSIONER BAGALKOT-587101 ……RESPONDENTS (BY SRI.KESAVA REDDY., AAG) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE (1) R/W 114 OF CPC, PRAYING TO, REVIEW THE ORDER DATED 07.07.2023 PASSED IN MFA.NO. 102900/2019(LAC) AND PASS SUCH OTHER ORDERS AS DEEMED FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. IN R.P. NO. 100050 OF 2023 BETWEEN M/S. BAGALKOT CEMENT AND INDUSTRIES LTD., (FORMERLY CEMENT DIVISION OF 6 BAGALKOT UDYOG LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT 6TH FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400 020 AND ITS MANUFACTURING UNIT AT BAGALKOT-587111 REPRESENTED BY ITS MANAGER LEGAL AND AUTHORIZED REPRESENTATIVE MR.A.R.NIDASHESHI ...PETITIONER (BY SRI. ASHOK HARANAHALLI., SR. COUNSEL A/W SRI. S B HEBBALLI., ADVOCATE) AND 1 . THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOMENT AUTHORITY (BTDA) BAGALKOT-587101 2 . THE DEPUTY COMMISSIONER BAGALKOT-587101 ……RESPONDENTS (BY SRI.KESAVA REDDY., AAG) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE (1) OF CPC, PRAYING TO, REVIEW THE ORDER DATED 07.07.2023 PASSED IN MFA.NO. 102897/2019(LAC) AND PASS SUCH OTHER ORDERS AS DEEMED FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. IN R.P. NO. 100051 OF 2023 BETWEEN M/S. BAGALKOT CEMENT AND INDUSTRIES LTD., 7 (FORMERLY CEMENT DIVISION OF BAGALKOT UDYOG LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT 6TH FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400 020 AND ITS MANUFACTURING UNIT AT BAGALKOT-587111 REPRESENTED BY ITS MANAGER LEGAL AND AUTHORIZED REPRESENTATIVE MR.A.R.NIDASHESHI ...PETITIONER (BY SRI. ASHOK HARANAHALLI., SR. COUNSEL A/W SRI. S B HEBBALLI., ADVOCATE) AND 1 . THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOMENT AUTHORITY (BTDA) BAGALKOT-587101 2 . THE DEPUTY COMMISSIONER BAGALKOT-587101 ……RESPONDENTS (BY SRI.KESAVA REDDY., AAG) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE (1) OF CPC, PRAYING TO, REVIEW THE ORDER DATED 07.07.2023 PASSED IN MFA.NO. 102894/2019(LAC) AND PASS SUCH OTHER ORDERS AS DEEMED FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. IN R.P. NO. 100052 OF 2023 BETWEEN M/S. BAGALKOT CEMENT AND INDUSTRIES LTD., 8 (FORMERLY CEMENT DIVISION OF BAGALKOT UDYOG LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT 6TH FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400 020 AND ITS MANUFACTURING UNIT AT BAGALKOT-587111 REPRESENTED BY ITS MANAGER LEGAL AND AUTHORIZED REPRESENTATIVE MR.A.R.NIDASHESHI ...PETITIONER (BY SRI. ASHOK HARANAHALLI., SR. COUNSEL A/W SRI. S B HEBBALLI., ADVOCATE) AND 1 . THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOMENT AUTHORITY (BTDA) BAGALKOT-587101 2 . THE DEPUTY COMMISSIONER BAGALKOT-587101 ……RESPONDENTS (BY SRI.KESAVA REDDY., AAG) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE (1) OF CPC, PRAYING TO, REVIEW THE ORDER DATED 07.07.2023 PASSED IN MFA.NO. 102895/2019(LAC) AND PASS SUCH OTHER ORDERS AS DEEMED FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THESE REVIEW PETITIONS HAVING BEEN HEARD AND RESERVED ON 27.09.2024 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, R.DEVDAS.J., MADE THE FOLLOWING: 9 CORAM: HON'BLE MR JUSTICE R DEVDAS HON'BLE MR JUSTICE RAJESH RAI K COMMON CAV ORDER (PER: HON'BLE MR JUSTICE R DEVDAS) Since common questions arise for consideration in these review petitions, they are heard and disposed of together by this common order. 2. These review petitions are filed by the appellant- Bagalkot Cement Industries to review the common judgment dated 07.07.2023 passed in MFA Nos.102892/2019, 102894/2019, 102895/2019, 102897/2019, 102898/2019, 102899/2019 and 102900/2019 (LAC). 3. Learned Senior Counsel Sri Ashok S.Harnahalli, appearing for the review petitioner submits that in paragraph No.2 of the common judgment, this Court noticed that although prayers are made seeking enhancement of compensation even in respect of the acquired lands (top soil), nevertheless, no arguments have been canvassed on behalf of the appellant in that regard. Therefore, the consideration of the appeals are restricted to the issue as to whether the appellant is entitled for 10 award of compensation in respect of the minerals lying underneath the subsoil of the acquired lands. However, it is submitted that written arguments were placed before this Court even in respect of the enhancement of compensation of the top soil. Further, it is submitted that Rule 32(10) of the Karnataka Minor Mineral Concession Rules, stood amended on 17.03.2023, where the requirement of payment of average additional payment was deleted. This aspect of the matter has not been considered by this Court. It is therefore contended that there is an error apparent on the face of the record. 4. We have heard the learned Senior Counsel for the review petitioner, the learned Additional Advocate General for the respondent-State and perused the petition papers. 5. We do not accept the submission made by the learned Senior Counsel regarding the enhancement of compensation in respect of the top soil. The statement made in paragraph No.2 of our judgment dated 07.07.2023, cannot be faulted. No submissions were made on behalf of the appellant seeking enhancement of compensation in respect of top soil. For that purpose, it cannot be contended that a written submission was 11 filed on behalf of the appellant. For consideration of such a prayer seeking enhancement of compensation, the appellant was required to substantiate such contention along with documentary evidence. No such exercise was undertaken by the learned Senior Counsel who argued the matter, in the presence of the learned Advocate General. It is also a settled position of law that Court is not obliged to consider each and every ground raised in the petition/appeal, unless specific submission is made in respect of each and every ground. 6. However, since the matter has been remanded back to the Reference Court, we deem it appropriate to permit the appellant herein to re-canvass its contentions seeking enhancement of compensation, even in respect of the top soil. 7. Insofar as the other contention of the review petitioner that this Court has not noticed the amendment brought to Rule 32(10) of the KMMC Rules, we should say that the amendment brought to the Rules in the year 2023 does not in any way alter the position or question as to the entitlement of the appellant for compensation in respect of the mineral lying beneath the soil. The appellant is required to convince the Court as to its right or 12 ownership of the mineral lying beneath the subsoil. The acquisition process took place in the year 2003-04. Therefore, the law as it stood in the year of acquisition would be relevant and not the subsequent amendments brought to the KMMC Rules. 8. Consequently, we proceed to dispose of the review petitions, while permitting the appellant to re-canvass its contention seeking enhancement of compensation in respect of the top soil. If the appellant puts forth any further contention with reference to any other document or evidence, the Reference Court shall reconsider the same on the question of enhancement of compensation. Ordered accordingly. Sd/- (R. DEVDAS) JUDGE Sd/- (RAJESH RAI K) JUDGE JT/- CT: JL