- 1 - HC-KAR NC: 2025:KHC:37399 MFA No. 3402 of 2022 C/W MFA No. 3400 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3402 OF 2022 (LAC) C/W MISCELLANEOUS FIRST APPEAL NO.3400 OF 2022 IN MFA No.3402/2022: BETWEEN: RUDRAPPA AGED ABOUT 81 YEARS, S/O CHANNABASAPPA PRESENTLY R/O. BEHIND NADAKACHERI RAMAGIRI POST, HOLALKERE TALUK CHITRADURGA DISTRICT-577 539. …APPELLANT (BY SRI. CHIDAMBARA G.S., ADVOCATE) AND: 1. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, CHICKJAJUR-HOSADURGA RAILWAY DOUBLING PROJECT, CHITRADURGA SUB-DIVISION, CHITRADURGA-577 501. 2. BENEFICIARY DEPARTMENT CHIEF ENGINEER NORTH CONSTRUCTION SOUTH-WESTERN RAILWAY NO.18, MILLER ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. GOPALKRISHNA SOODI, AGA FOR R1; SRI. AJAY PRABHU, ADVOCATE FOR R2) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37399 MFA No. 3402 of 2022 C/W MFA No. 3400 of 2022 THIS MFA IS FILED U/S. 74 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE JUDGMENT AND AWARD DATED 05.01.2022 PASSED IN LAC NO.133/2018 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, PARTLY ALLOWING THE REFERENCE PETITION FILED U/S. 64 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013. IN MFA NO.3400/2022: BETWEEN: K. RUDRAPPA AGED ABOUT 65 YEARS, W/O KALLAPPA PRESENTLY R/O. DASIKATTE, RAMAGIRI POST, HOLALKERE TALUK CHITRADURGA DISTRICT-577 539. ...APPELLANT (BY SRI. CHIDAMBARA G.S., ADVOCATE) AND: 1. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER CHICKJAJUR-HOSADURGA RAILWAY DOUBLING PROJECT, CHITRADURGA SUB-DIVISION, CHITRADURGA-577 501. 2. BENEFICIARY DEPARTMENT CHIEF ENGINEER NORTH CONSTRUCTION SOUTH-WESTERN RAILWAY NO.18, MILLER ROAD, BENGALURU-560 001. ...RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:37399 MFA No. 3402 of 2022 C/W MFA No. 3400 of 2022 (BY SRI. GOPALAKRISHNA SOODI, AGA FOR R1; SRI. AJAY PRABHU M., ADVOCATE FOR R2) THIS MFA IS FILED U/S.74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013 DATED 04.01.2022 PASSED IN LAC NO.123/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, PARTLY ALLOWING THE REFERENCE PETITION U/S.64 OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeals are listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. These two appeals are filed by the claimants challenging the judgment and awards dated 04.01.2022 and 05.01.2022 passed in LAC Nos.123 and 133 of 2018 on the file of I Additional District and Sessions Judge, Chitradurga1 for seeking enhancement of compensation. 1hereinafter referred to as ‘the Tribunal’ for short - 4 - HC-KAR NC: 2025:KHC:37399 MFA No. 3402 of 2022 C/W MFA No. 3400 of 2022 3. It is the case of the claimants that they are owners of the lands and the lands were acquired for the purpose of formation of Chikkajajuru-Hosadurga Railway doubling track vide preliminary notification dated 24.10.2013 and final notification dated 04.06.2015. Being dissatisfied with the compensation awarded by the Special Land Acquisition Officer (SLAO), the Reference Court upon the reference application, enhanced the compensation by determining the market value at Rs.7,175/- per gunta. Still being aggrieved, the claimants have preferred appeals in this Court. 4. Learned counsel for the appellants/claimants submitted that in the case of similarly situated land owners of the very same village, under the very same notifications and for the very same purpose of acquisition, this Court in MFA No.3398/2022 has awarded a compensation of Rs.21,875/- per gunta. Therefore, on parity, the claimants are entitled to the said amount of compensation in these cases also. - 5 - HC-KAR NC: 2025:KHC:37399 MFA No. 3402 of 2022 C/W MFA No. 3400 of 2022 5. This Court in the case of C. OMKARAPPA VS. THE LAND ACQUISITION OFFICER AND ANOTHER2 has determined the compensation of Rs.21,875/- per gunta. In the cited case, the lands situated at R. Mallapura Village, Ramagiri Hobli, Holalkere Taluk under the preliminary notification dated 24.10.2013 and the final notification dated 04.06.2015 were acquired for the formation of Chikkajajuru-Hosadurga Railway doubling track. In these cases, the claimants’ land situated at R. Mallapura village, Ramagiri Hobli, Holalkere Taluk were acquired under the very same notifications and for the very same project. 6. When this being the fact, the claimants in these cases cannot be discriminated; the claimants in the above cited case and in these cases are standing on the same pedestal. Therefore, the appellants/claimants are entitled 2 MFA No.3398/2022 dated 07.08.2025 - 6 - HC-KAR NC: 2025:KHC:37399 MFA No. 3402 of 2022 C/W MFA No. 3400 of 2022 to compensation of Rs.21,875/- per gunta. Accordingly, a compensation of Rs.21,875/- per gunta is awarded. 7. Learned counsel for the appellants/claimants submitted that there were eight (8) coconut trees and fifty (50) Arecanut trees were standing on the land of the claimants and the land of the claimants were acquired for the project of railway doubling tract, but the Reference Court has not determined the compensation so far as these trees are concerned. Hence, prays to award compensation for these trees. 8. Further, the learned counsel for the appellants/claimants filed an application for production of additional documents under Order XLI Rule 27 of CPC and produced the report of the Deputy Director of Horticulture Department, Chitradurga, stating that the said authority had inspected the land and found that there were Arecanut trees and Coconut trees on the lands belonging to the various farmers and it is reported that on the claimants - 7 - HC-KAR NC: 2025:KHC:37399 MFA No. 3402 of 2022 C/W MFA No. 3400 of 2022 land there were eight (8) Coconut trees and fifty (50) Arecanut trees. The SLAO has awarded compensation of Rs.1,26,482/- for Arecanut trees and Rs.98,314/- for eight (8) Coconut trees. 9. The additional evidence is considered in this appeal and the application filed for production of additional evidence is allowed. The claimants have produced the report of the Horticulture Department and it is proved that there were eight (8) Coconut trees and fifty (50) Arecanut trees on the land of the appellants/claimants. Therefore, the appellants/claimants are entitled to compensation for Arecanut trees and Coconut trees. 10. The Division Bench of this Court in the case of G. ANJANI DEAD BY LRS VS. THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER3 determined the quantum of compensation for loss of Arecanut trees. The Division Bench of this Court in the said judgment held 3 MFA No.5709/2015 dated 18.06.2021 - 8 - HC-KAR NC: 2025:KHC:37399 MFA No. 3402 of 2022 C/W MFA No. 3400 of 2022 that one (1) Arecanut tree yields 240 kilograms of Arecanuts and an average price of Rs.75/- per kilogram and 45% is deducted towards cultivation cost, then the actual net income of one (1) Arecanut tree would be Rs.147/- and considered the average yield per tree is 30 years. Therefore, the appellants/claimants are entitled to compensation of Rs.2,20,500/- (Rs.147/- x 50 x x30). 11. Further, it is proved that there were eight (8) Coconut trees and considering an average income of Rs.15,000/- per tree and for eight (8) coconut trees it would be Rs.1,20,000/-. Accordingly, the appellants/claimants are entitled compensation of Rs.1,20,000/- for eight (8) coconut trees. Thus, the appeals are liable to be allowed in part. 12. In the result, I proceed to pass the following: ORDER i. The appeals are allowed in part. - 9 - HC-KAR NC: 2025:KHC:37399 MFA No. 3402 of 2022 C/W MFA No. 3400 of 2022 ii. The judgment and awards dated 04.01.2022 and 05.01.2022 passed in LAC Nos.123 and 133 of 2018 on the file of I Additional District and Sessions Judge, Chitradurga are modified holding that the appellants/claimants are entitled to compensation of Rs.21,875/- per gunta with all statutory benefits excluding the delayed period, if any. iii. The appellants/claimants are entitled to compensation of Rs.2,20,500/- for fifty (50) Arecanut trees and Rs.1,20,000/- for eight (8) coconut trees. iv. Draw modified award accordingly. v. No order as to costs. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 31