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2026 DAILYLAW 13461 (KAR)

THE EXECUTIVE ENGINEER, v. SRI H JAGADISH NAIK,

MFA/2603/2024 · 2026-04-30

Anu Sivaraman, Tara Vitasta Ganju

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24242-DB MFA No. 2603 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 2603 OF 2024 (LAC) BETWEEN: 1. THE EXECUTIVE ENGINEER UPPER BHADRA PROJECT VISVESWARAYA JALA NIGAM LIMITED HIRIYURU DIVISION OFFICE OF THE UPPER BHADRA PROJECT CHITRADURGA - 577 501. …APPELLANT (BY SRI SHREEDEEP N, ADVOCATE FOR SRI NAGAIAH, ADVOCATE) AND: 1. SRI H JAGADISH NAIK SON OF HANUMANTHA NAIK AGED ABOUT 52 YEARS AGRICULTURIST RESIDING AT MARIKAMBADEVI NILAYA 4TH CROSS, VIDYANAGAR HOSADURGA CHITRADURGA DISTRICT. 2. THE SPECIAL LAND ACQUISITION OFFICER UPPER BHADRA PROJECT CHITRADURGA - 577 501. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:24242-DB MFA No. 2603 of 2024 3. THE CHIEF ENGINEER UPPER BHADRA PROJECT VISVESWARAYA JALA NIGAM LIMITED CHITRADURGA - 577 501. 4. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501. …RESPONDENTS (BY SRI SUNEEL S NARAYAN, ADVOCATE FOR R1 SMT. RADHA RAMASWAMY, AGA FOR R2-R4) THIS MFA IS FILED U/S 74 OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE JUDGMENT AND AWARD DATED 20.12.2023 PASSED IN LAC.No.22/2020 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA AND ETC., THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on both sides. 2. It is submitted that the matter has been settled between the parties through mediation. The terms of agreement between the parties reads as follows: “2. Both the parties state that the Respondent No.1 has agreed to give up the accrued interest to the extent of - 3 - HC-KAR NC: 2026:KHC:24242-DB MFA No. 2603 of 2024 Rs.29,00,000/-(Rupees Twenty Nine Lakhs Only) against the amount due of Rs.67,17,152.24 (Rupees Sixty Seven Lakhs Seventeen Thousand One Hundred Fifty Two Twenty Four paise Only) which is inclusive the statutory benefits as on the date of mediation report and the Appellant shall pay remaining balance amount of Rs.38,17,152.24/- (Rupees Thirty Eighty Lakhs Seventeen Thousand One Hundred Fifty Two Twenty Four paise Only) to the Respondent No.1 as full and final settlement of all the claims of the Respondent No.1 before the Hon'ble Court at the time of reporting settlement. The Respondent No.1 has agreed for the same. 3. Both the parties further state that they have no other claims against each other pertaining to the said property. 4. Both parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner.” 3. Further, the appellant prays for refund of Court fee. It is submitted that the amount of ₹ 38,17,152.24/- has been paid by bank transfer by the appellant to respondent No.1 in full and final settlement of all the claims. The said fact is not disputed. 4. The parties are present before the Court and are duly identified by the learned counsel appearing on their behalf. It is submitted that the Company Secretary of the appellant is duly authorized to enter into this agreement - 4 - HC-KAR NC: 2026:KHC:24242-DB MFA No. 2603 of 2024 and that authorization will be placed on record during the course of the day. 5. In the above view of the matter, the settlement arrived at between the parties is taken on record and is accepted. The appeal is disposed of in terms of the settlement. The payment of the amount of ₹ 38,17,152.24/- to the first respondent is duly recorded. The decree shall be drawn up accordingly. Eligible Court fee shall be refunded to the appellant on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YKL List No.: 1 Sl No.: 11