- 1 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA M.F.A NO.104538 OF 2017 (LAC) C/W. M.F.A NO.104539 OF 2017 (LAC) M.F.A NO.104540 OF 2017 (LAC) M.F.A NO.104541 OF 2017 (LAC) M.F.A NO.104542 OF 2017 (LAC) IN MFA NO. NO.104538 OF 2017 BETWEEN: VENKATRATNAM Y. W/O. LATE SOMULU. Y, AGE 66 YEARS, OCC: AGRICULTURIST, R/O. NEAR DURUGAMMA TEMPLE, KAVYA SANKIRANA, 2ND FLOOR, GANGAVATHI-583227, DIST: KOPPAL. …APPELLANT (BY SRI. RAJASHEKAR R. GUNJALLI, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR RAILWAY LINE CONSTRUCTION PROJECT, SINDHANUR. 2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTIONS-III, SOUTH WESTERN RAILWAY, KESHAVAPURA, HUBBALLI. …RESPONDENTS (BY SRI. DAYANAND SANGRESHI, HCGP FOR R1; SRI. MALLIKARJUN S. HIREMATH, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE GANGAVATHI IN LAC NO.47/2016 DATED 28.08.2017 BY Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 ALLOWING THIS APPEAL BY ENHANCING THE MARKET VALUE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN MFA NO. 104539 OF 2017 BETWEEN: M.VENKAT RAO S/O. SATYANARAYAN, AGE 55 YEARS, R/O. WARD NO.4, HERUR VILLAGE, GANGAVATHI-583227, DIST: KOPPAL. …APPELLANT (BY SRI. RAJASHEKAR R. GUNJALLI, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT, SINDHANUR, DIST: RAICHUR-584128. 2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTIONS-III, SOUTH WESTERN RAILWAY, KESHAVAPURA, HUBBALLI. DIST: DHARWAD-580020. …RESPONDENTS (BY SRI. DAYANAND SANGRESHI, HCGP FOR R1; SRI. MALLIKARJUN S. HIREMATH, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE GANGAVATHI IN LAC NO.3/2016 DATED 28.08.2017 BY ALLOWING THIS APPEAL BY ENHANCING THE MARKET VALUE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN MFA NO. 104540 OF 2017 BETWEEN: D. SHANKUNTALA W/O. SRI. MURALIDHAR, AGE 45 YEARS, OCC: HOME MAKER, R/O. NEAR MARUTI TEMPLE, WARD NO.13, JULAI NAGAR, GANGAVATHI-583227, DIST: KOPPAL. …APPELLANT (BY SRI. RAJASHEKAR R. GUNJALLI, ADVOCATE) - 3 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT, SINDHANUR, DIST. RAICHUR-584128. 2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTIONS-III, SOUTH WESTERN RAILWAY, KESHAVAPURA, HUBBLLI, DIST. DHARWAD-580020. …RESPONDENTS (BY SRI. DAYANAND SANGRESHI, HCGP FOR R1; SRI. MALLIKARJUN S. HIREMATH, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE GANGAVATHI IN LAC NO.2/2016 DATED 28.08.2017 BY ALLOWING THIS APPEAL BY ENHANCING THE MARKET VALUE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN MFA NO. 104541 OF 2017 BETWEEN: M. VENKAT RAO S/O. SATYANARAYAN, AGE 55 YEARS, R/O. WARD NO.4, HERUR VILLAGE, GANGAVATHI-583227, DIST: KOPPAL. …APPELLANT (BY SRI. RAJASHEKAR R. GUNJALLI, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUSITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT, SINDHANUR-584128. 2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTIONS-III, SOUTH WESTERN RAILWAY, KESHAVAPURA, HUBBLLI-580020. …RESPONDENTS (BY SRI. DAYANAND SANGRESHI, HCGP FOR R1; SRI. MALLIKARJUN S. HIREMATH, ADV. FOR R2) - 4 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE GANGAVATHI IN LAC NO.4/2016 DATED 28.08.2017 BY ALLOWING THIS APPEAL BY ENHANCING THE MARKET VALUE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN MFA NO. 104542 OF 2017 BETWEEN: SRIKANTH S/O. NARAYAN GOVEKAR, AGE 56 YEARS, R/O. NEAR SIRIGERI HOSPITAL, WARD NO.13, ISALAMPURM, GANGAVATHI-583227, DIST: KOPPAL. …APPELLANT (BY SRI. RAJASHEKAR R. GUNJALLI, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT, SINDHANUR, DIST. RAICHUR-584128. 2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTIONS-III, SOUTH WESTERN RAILWAY, KESHAVAPURA, HUBBLLI, DIST. DHARWAD-580020. …RESPONDENTS (BY SRI. DAYANAND SANGRESHI, HCGP FOR R1; SRI. MALLIKARJUN S. HIREMATH, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE GANGAVATHI IN LAC NO.1/2016 DATED 28.08.2017 BY ALLOWING THIS APPEAL BY ENHANCING THE MARKET VALUE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. The above five appeals arise out of common judgment and award dated 28.08.2017 in LAC Nos.1, 2, 3, 4 and 47 of 2016 passed by the Senior Civil Judge Court at Gangavati (for short, ‘the Reference Court’). All these appeals are filed by the land losers/claimants for enhancement of the compensation. Hence all these appeals are taken up together for disposal. 2. The parties are referred to as per their rankings before the Reference Court. 3. Heard the arguments of learned counsel for the appellants and the respondents. 4. The only question arises for consideration of this Court is “whether the claimants are entitled for enhancement of the compensation?” 5. The following Table shows MFA Nos., Corresponding Reference Petition Nos., (LAC Nos.), - 6 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 Property Numbers and their extent market value deterined by the SLAO & Reference Court. Sl. No. MFA No. LAC No. Property No. Area (in sq.ft.) Market value per sq.feet. As per SLAO (in Rs.) As per Reference Court (in Rs.) 1 104538/2017 47/2016 108 400 sq.ft. Rs.143/- Rs.600/- 2 104539/2017 03/2016 111 600 sq.ft. Rs.143/- Rs.600/- 3 104540/2017 02/2016 053 900 sq.ft. Rs.143/- Rs.600/- 4 104541/2017 04/2016 110 600 sq.ft. Rs.143/- Rs.600/- 5 104542/2017 01/2016 66 1200 sq.ft. Rs.143/- Rs.600/- 6. In all the above cases, properties are situated at Ward No.9 of Gangavati town acquired for laying new railway lane between Ginigeri to Raichur by issuing preliminary notification under Section 4(1) of the Land Acquisition Act 1894 dated 13.07.2009. Thereafter the SLAO passed award determining market value at Rs.143/- per sq.ft. 7. The appellants in all these cases are claimants before that Reference Court and they were owners of the - 7 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 various plots acquired by the Government of Karnataka for public purpose i.e., laying the railway lane from Ginigeri to Mehaboob Nagar on behalf of beneficiary respondent No.2 - Railway Department. Details are mentioned in the above table. 8. Government of Karnataka, i.e., SLAO, issued a notification under Section 4(1) the Land Acquisition Act 1894 dated 30.07.2009, declaring intention of the Government to acquire the said lands for the public purpose. It appears the SLAO had issued final notification under Section 6(1) of the Land Acquisition Act, 1894. The SLAO thereafter, after hearing the parties, determined market value of the said land at the rate of Rs.143/- per square feet. 9. The claimants dissatisfied by the said award, filed an application under Section 18(1) of the Land Acquisition Act, 1894 to refer the matter to the Civil Court - 8 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 for determination of the market value of the property acquired by the respondent Nos.1 and 2. 10. As per the reference applications filed by the land owners, respondent No.1 referred the matter to the Civil Court for determination of the market value. The said applications were registered by the Reference Court in LAC Nos.1/2016, 2/2016, 3/2016, 4/2016 and 47/2016. 11. Respondents have filed objections to the said reference applications. The Reference Court recorded the evidence. The claimants on their behalf examined one witness as PW1 and they got marked 27 documents as per Exs.P1 to P27. Respondents marked 9 documents as per Exs.R1 to R9. 12. The Reference Court after considering the materials available on record, by the impugned judgment and award dated 20.08.2017, determined the market value of the property at the rate of Rs.600/- per square feet and also awarded all the statutory benefits in - 9 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 accordance with the Land Acquisition Act, 1894. The claimants being dissatisfied by the said award passed by the Reference Court preferred these appeals. 13. Heard the arguments of learned advocate appearing for both the sides and perused the materials available on record. 14. It is undisputed fact that these appeals were disposed off by order dated 09.03.2020, wherein this Court assessed value of the land per square feet at Rs.506/-. The claimants have filed review petition bearing Review Petition Nos.100040/2022 along with 100041/2022, 100042/2022, 100043/2022, 100044/2022. The said review petitions were considered together and disposed off by the order dated 11.07.2022. All the review petitions were allowed. The judgment and award passed by this Court dated 09.03.2020 in all the MFAs were recalled and appeals were restored to its original file. Thereafter, matter is posted for fresh arguments. - 10 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 15. The learned counsel for the appellants submits that the claimants in LAC No.10 of 2014 challenged the judgment and award dated 07.12.2015 passed in the said cases before this Court in MFA No.100127/2018. The Coordinate Bench of this Court by its order dated 18.11.2020, assessed the market value at the rate of Rs.2200/- per square feet with all the statutory benefits. The subject matter of the said MFA was plot bearing Nos.24, 25 and 26 formed in Sy.No.32 measuring totally 1519 square feet, situated at Gangavati town. 16. The learned counsel for the appellants further submits that the subject matter in the present appeals are also plots situated in Gangavati town bearing various plot numbers, having different dimensions. Therefore, the market value determined by the co-ordinate bench inrespect of similarly placed land shall be followed to determine market value in the present appeals. - 11 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 17. The learned counsel for appellants further submits that respondent No.2 has filed a review petition No.100097/2022 against the judgment and award passed in MFA No.100127/2018 along with connected cases and Coordinate Bench of this Court by its order dated 21.02.2024 dismissed the said review petition. The said orders were challenged before the Hon’ble Apex Court by the respondent No.2 in SLP (Civil) Diary No.36861/2024 and after hearing, the Hon’ble Apex Court by order dated 09.09.024 dismissed the SLP. Therefore whatever award passed by the Coordinate Bench of this Court in MFA No.100127/2018 dated 18.11.2020 became final. The said land is also situated and its feature and characteristics are similar to the land in question in the present appeals, therefore, these matters are covered by the judgment rendered by the Coordinate Bench of this Court in the above referred MFA, therefore prayed to allow the appeals and assess and determine the market value at the rate of Rs.2200/- per square feet with all the statutory benefits - 12 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 for which the claimants are entitled under the Land Acquisition Act 1894. 18. The learned counsel for respondent Nos.1 and 2 not disputed factual metrics stated above. They also contend that the property which is subject matter in the present suit are all plots situated within the city of Gangavati and feature and characteristics of the said lands are similar to the land which was the subject matter in MFA No.100127/2018, and hence valuation made in the said case is applicable to the fact of the present case. 19. On the anxious consideration of the materials placed on record, the submission of advocate for appellants is acceptable and needs to be followed. 20. The market value is determined in MFA No.100127/2018 dated 18.11.2020 is Rs.2200/- per square feet and the subject matter of the said land acquisition case is pertaining to plot situated in the Gangavati town. Even in the judgment of the Division - 13 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 Bench dated 10.12.2018 in MFA No.101827/2015 along with the connected cases, the Division Bench of this Court determined the market value of the property at the rate of Rs.2200/- per square feet on the basis of copy of the sale deeds produced in the said case, and since they were agricultural lands, the Division Bench of this Court held that 77% of the said property has to be deducted towards the development charges, and on that basis, assessed the market value at Rs.506/- per square feet. Therefore, in the earlier judgments of this Court, the market value of the commercial plots, which is having similar characteristics and features i.e., the plot situated within the Gangavati town, was determined as Rs.2200/- per square feet. Same shall be followed in these appeals also. Accordingly, I proceed to pass the following: ORDER i. MFA No.104538/2017, 104539/2017, 104540/2017, 104541/2017 and 104542/ 2017 are allowed in part. - 14 - NC: 2025:KHC-D:4113 MFA No.104538/2017 C/W.MFA No.104539/2017 MFA No.104540/2017 MFA No.104541/2017 AND MFA No.104542/2017 ii. The market value of the property acquired by the respondents is determined at Rs.2200/- per square feet and claimants are entitled for all the statutory benefits in accordance with the Land Acquisition Act, 1894. iii. The judgment and award passed by the Reference Court dated 28.08.2017 in Lac No.1, 2, 3, 4 and 47 of 2016 are modified. iv. The remaining portion of the orders passed by the Reference Court in the above said LAC matters are not disturbed. v. Respondents are directed to deposit the compensation amount, if any due, before the Reference Court within a period of eight week from the date of the award. Sd/- (UMESH M ADIGA) JUDGE KGK CT-AN List No.: 1 Sl No.: 21