- 1 - HC-KAR NC: 2025:KHC:29530 M.F.A. No.8105/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.8105/2022 (LAC) BETWEEN: 1. MAHALAKSHMAMMA W/O SHIVEGOWDA VASU AGED ABOUT 52 YEARS R/O AVVERAHALLI VILLAGE BINDIGANAVILE HOBLI NAGAMANGLA TALUK MANDYA DISTRICT 571432. 2. VASU S/O SHIVEGOWDA AGED ABOUT 37 YEARS R/O AVVERAHALLI VILLAGE BINDIGANAVILE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT 571432. …APPELLANTS (BY SRI. SYED AKBAR PASHA, ADV.,) AND: 1. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTH WESTERN RAILWAY CANTONMENT, BENGALURU-560001. 2. SPECIAL LAND ACQUISITON OFFICER THE SUB-DIVISIONAL OFFICER PANDAVAPURA SUB-DIVISION PANDAVAPURA, MANDYA DISTRICT 571434. 3. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA 571401. …RESPONDENTS (BY SRI. MADHUKAR M.D. ADV., FOR R1 SRI. GOPALAKRISHNA SOODI, AGA FOR R2 & R3) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29530 M.F.A. No.8105/2022 THIS MFA IS FILED U/S.74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILATION AND RESETLMENT ACT, 2013, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA IN LAC NO.94/2018 DATED 17.12.2019. AND FURTHER PLEASE TO AWARD ENHANCED COMPENSATION AMOUNT AS AWARDED IN LAC NO.93/2018 & LAC NO.89/2018 DATED 31.03.2022 BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE MANDYA IN LAC NO.94/2018 DAETD 17.12.2019 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT This appeal is filed by the claimants-owners of the land being aggrieved by the grant of inadequate compensation as per the judgment and award passed in LAC No.94/2018 dated 17.12.2019 by the Court of the II Addl. District and Sessions Judge, Mandya (hereinafter referred to as 'the Reference Court'). 2. It is the case of appellants-claimants that they are the owners of the land bearing Sy.No.2/F measuring 0.02 guntas at Avverahalli Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District and it was acquired for the purpose of construction of Hassan-Bengaluru new railway broad-gauge - 3 - HC-KAR NC: 2025:KHC:29530 M.F.A. No.8105/2022 vide preliminary notification dated 28.06.2013, Gazetted on 04.07.2013. The SLAO had granted Rs.2,19,600/- per acre and upon the reference, the Reference Court has enhanced the same to Rs.5,80,800/- per acre. Still being aggrieved that the order of compensation is meagre one, the claimants have preferred this appeal. 3. Learned counsel for the appellants submitted that the very same Court in other LAC cases pertaining to other landowners in respect of the very same notification and the very same village has granted compensation of Rs.80,000/- per gunta by placing reliance on the sale deed. Therefore, on parity also, the appellants herein are entitled to similar compensation as what the other landowners have received. Hence, the claimants have preferred this appeal. 4. On the other hand, learned counsel for the respondents vehemently opposed the appeal and justified the compensation awarded by the Reference Court. 5. In the present case, Ex.P.1 is the sale deed dated 23.06.2007 in which the dry land situated at Avverahalli Village - 4 - HC-KAR NC: 2025:KHC:29530 M.F.A. No.8105/2022 was sold out for a sale consideration of Rs.75,000/- per 1½ gunta i.e. Rs.50,000/- per gunta. The very same Reference Court in the respect of other land losers in LAC Nos.93/2018 and 89/2018 by judgment dated 31.03.2022 has determined the market value of Rs.80,000/- per gunta placing reliance on the same sale deed of the year 2007 by comparative sale statistics. In the said LAC, the market value of the land was determined at Rs.50,000/- per gunta and escalation at 10% per year was added. Accordingly, for 6 years, the Reference Court has considered Rs.30,000/- at a price over and above Rs.50,000/-. In the present case also, the appellants are standing on the same footing as that of the landowners in other LAC cases stated supra and when the land of the other landowners of the same village was acquired for the same purpose under the same preliminary notification, there cannot be any discrimination between the two landowners who are similarly situated at one platform. Therefore, in the present case also, the appellants are entitled to Rs.50,000/- per gunta based on the even dated sale deeds and considering the sale deed as tentative to the trial and the alleged land has been acquired on 28.06.2013 and therefore, for 6 years, 10% - 5 - HC-KAR NC: 2025:KHC:29530 M.F.A. No.8105/2022 escalation has to be added. Accordingly, the claimants- landowners are entitled to Rs.80,000/- per gunta on parity with the landowners in LAC Nos.93/2018 and 89/2018 . Therefore, the appeal is liable to be allowed. Accordingly, I proceed to pass the following: ORDER (i) The appeal is allowed with costs. (ii) The judgment and award passed in LAC No.94/2018 dated 17.12.2019 by the Court of the II Addl. District and Sessions Judge, Mandya, is modified holding that the appellants-land owners are entitled to compensation of Rs.80,000/- per gunta along with all statutory benefits and interest. However, the appellants are not entitled to interest for the delayed period for the delay in preferring the application and also the appeal filed in this Court, if any. SD/- (HANCHATE SANJEEVKUMAR) JUDGE RV List No.: 1 Sl No.: 33