- 1 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6163/2016 (LAC) C/W MISCELLANEOUS SECOND APPEAL NO.50/2023 (LA) IN M.F.A. No.6163/2016: BETWEEN: THE DEPUTY CHIEF ENGINEER (CONSTRUCTIONS) SOUTH WESTERN RAILWAY (WEST) #18, MILLERS ROAD CANTONMENT, BENGALURU-560 046. …APPELLANT (BY SRI. AJAY PRABHU M, ADV.,) AND: 1. K.G. KRISHNAPPA SON OF H. GANGADHRAPPA AGED MAJOR AND R/AT. KRS AGRAHARA VILLAGE KUNIGAL TOWN, KUNIGAL TALUK TUMKUR DISTRICT-572130. 2. THE SPL. LAND ACQUISITION OFFICER BANGALORE-HASSAN RAILWAY LINE MINI-VIDANA SOUDHA TUMKUR-572130. …RESPONDENTS (BY SMT. NANDINI B, ADV., FOR SRI. SOMASHEKARA K.M. ADV., FOR R1 SMT. RADHA RAMASWAMY, AGA FOR R2) Digitally signed by ARSHIFA BAHAR KHANAM HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 THIS MFA IS FILED U/S 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 12.02.2015 PASSED IN LAC NO.25/2008 BY THE SENIOR CIVIL JUDGE & JMFC, KUNIGAL AND CONSEQUENTLY DISMISS THE REFERENCE MADE IN THE INTEREST OF JUSTICE AND EQUITY. IN M.S.A. NO.50/2023: BETWEEN: THE DEPUTY CHIEF ENGINEER SOUTH WESTERN RAILWAYS NO.18, MILLERS ROAD CONTONMENT, BENGAURU 560046. ...APPELLANT (BY SRI. RAMA BHAT K, ADV.,) AND: 1. SRI. K.B. GOWDA S/O KALALINGAIAH AGED ABOUT 55 YEARS R/OF. K.R.S. AGRAHARA KUNIGAL TOWN-572130. 2. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL ZONE AND BENGALURU HASSAN RAILWAYS LANE MINI VIDHANA SOUDHA TUMAKURU-572101. ...RESPONDENTS (BY SMT. RADHA RAMASWAMY, AGA FOR R2 R1 SERVED) - 3 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, PRAYING TO ADMIT THE APPEAL AND CALL FOR ENTIRE RECORDS FROM THE COURTS BELOW IN R.A.NO.247/2017 ON THE FILE OF THE HON'BLE VII ADDL. DISTRICT AND SESSIONS JUDGE, TUMKUR AND ALSO IN LAC NO.28/2009 ON THE FILE OF THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, KUNIGAL. SET ASIDE THE JUDGMENT AND ORDER AWARD DATED 03.12.2019 PASSED BY THE HON'BLE VII ADDL. DISTRICT AND SESSIONS JUDGE, TUMKUR IN R.A.NO.247/2017 AND CONSEQUENTLY SET ASIDE THE JUDGMENT AND AWARD DATED 09.10.2013 PASSED BY THE HON'BLE SENIOR CIVIL JUDGE & JMFC, KUNIGAL IN LAC NO.28/2009 BY ALLOWING THIS MISC. SECOND APPEAL & ETC. THESE APPEALS HAVING BEEN HEARD AND RESERVED ON 03.02.2026, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY VIJAYKUMAR A. PATIL J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CAV JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) MFA No.6163/2016 is filed by the Executive Engineer, South Western Railway (West), Bengaluru, challenging the judgment and award dated 12.02.2015 passed in LAC No.25/2009 by the Senior Civil Judge and JMFC, Kunigal. - 4 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 MSA No.50/2023 is filed by the Deputy Chief Engineer, South Western Railways, Bengaluru, challenging the judgment and award dated 09.10.2013 passed in LAC No.28/2009 by the Senior Civil Judge and JMFC, Kunigal and the judgment and award dated 03.12.2019 passed in R.A.No.247/2017 by the Principal District and Sessions Judge, Tumakuru. 2. The brief facts leading to filing of these appeals are that under the preliminary notification dated 18.01.2007 and the final notification dated 01.11.2007, the lands of the respondents-claimants were acquired. The possession of the lands was taken over. In LAC No.25/2009, the compensation was awarded to the claimants at Rs.6,13,837/- and in LAC No.28/2009, the compensation was awarded at Rs.1,76,752/-. The claimants in both the cases sought reference under Section 18 of the Land Acquisition Act, 1894. In both the cases, the Reference Court re-determined the market value at Rs.250/- per sq. ft. with statutory benefits and - 5 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 interest. Being aggrieved by the judgment in LAC No.28/2009, the Indian Railways filed regular appeal in R.A.No.247/2017 along with an application seeking to condone the delay in filing the appeal. The First Appellate Court, considering the reasons stated in the affidavit, recorded the finding that no cause is shown to condone the delay and dismissed the appeal. Being aggrieved, the beneficiary of the acquisition has filed these appeals. 3. Sri.Ajay Prabhu M., learned counsel for the appellant in MFA No.6163/2016 submits that the Reference Court has not considered the evidence in its proper prospective and solely based on the judgment in LAC No.25/2009, re-determined the market value at Rs.250/- per sq. ft. It is submitted that the very Bench in the case of THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTH WESTERN RAILWAY, BANGALORE Vs. SRI.SATHISH AND OTHERS1 considered all the aspects and re-determined the market 1 MFA No.3681/2019 and con. matter dt. 24.01.2025 - 6 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 value at Rs.200/- per sq. ft. It is further submitted that the acquisition in these appeals is for the same project and under the same notification and hence, these appeals are also liable to be allowed. 4. Sri.K.Rama Bhat, learned counsel appearing for the appellant in MSA No.50/2023 submits that the Appellate Court did not appreciate the fact that the delay is for the administrative reasons and proceeded to reject the application. It is submitted that now this Court has already considered the appeal filed by the beneficiary and re-determined the market value at Rs.200/- per sq. ft. Hence, he seeks to allow the appeal by condoning the delay. 5. Per contra, Smt.Nandini B., learned counsel for the claimant in MFA No.6163/2016 supports the impugned judgment and award of the Reference Court and submits that the Reference Court, considering the oral and documentary evidence re-determined the market value at - 7 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 Rs.250/- per sq. ft. which does not call for any interference in this appeal. 6. In MSA No.50/2023, though notice is served on the respondent Nos.1 and 2, they remained absent. 7. We have heard the learned counsels representing the parties, meticulously perused the material on record and have given our anxious consideration to the submissions advanced on both the sides. 8. In MFA No.6163/2016 arising out of LAC No.25/2009, the land measuring 17.08 guntas (19057½ sq. ft.) in Sy.No.33/2 within the town limits of Kunigal situated at KRS Agrahara, Kunigal town, converted from agricultural to non-agricultural purpose, was acquired for the formation of Bangalore-Hassan Railway line, vide preliminary notification dated 18.01.2007 and the final notification dated 01.11.2007. The Land Acquisition Officer awarded compensation of Rs.6,13,837/-. Being - 8 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 aggrieved by the said award, reference under Section 18(1) of the Act was sought. The claimant examined himself as PW-1 and got marked Exs.P1 to P18. The respondent-official examined himself as RW-1 but did not produce any documentary evidence. The Reference Court has recorded a clear finding that the acquired land was converted from agricultural to non-agricultural purposes. The Reference Court, considering the comparative sales for the relevant time, ultimately placed reliance on the judgment in LAC No.28/2009 which was marked as Ex.P3, determined the market value at Rs.250/- per sq. ft. It is to be noticed that this Court in the case of the DEPUTY CHIEF ENGINEER (CONSTRUCTION) referred supra, considering the fact that the acquired land was converted to non-agricultural purposes, was adjacent to National Highway, considering the decision of the Co-ordinate Bench in the case of VENKATARAMAIAH Vs. SPECIAL LAND ACQUISITION OFFICER2 and taking note of the 2 MFA No.2207/2016 dt. 28.9.21 - 9 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 judgment in R.A.No.248/2017, has re-assessed the market value at Rs.200/- per sq. ft. We have meticulously perused the reasoning rendered in the aforesaid two decisions. It is noticed that the acquisition in the aforesaid cases and the case on hand is for the same purpose and are under the same notification. It is further noticed that the nature of the lands covered in the aforesaid decisions and the case on hand is also similar as both the lands fall within the municipal limits and converted for non- agricultural purposes. Hence, to maintain parity, we are of the considered view that this appeal also deserves to be allowed-in-part by re-determing the market value at Rs.200/- per sq. ft. with statutory benefit and interest. 9. In MSA No.50/2023, the land of the respondent No.1-claimant measuring 2400 sq. ft. in Municipal assessment No.1227 of Jodi, K.R.S. Agrahara Village, Kunigal, in Sy.No.28/1 was acquired under the same notification and the Land Acquisition Officer awarded the compensation of Rs.1,76,752/- and the Reference Court - 10 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 enhanced the same to Rs.250/- per sq. ft. with statutory benefit and interest. The beneficiary of the acquisition filed regular appeal which came to be dismissed on the ground that the appeal was filed belatedly. It is to be noticed that the appellant has provided explanation for the delay in filing the appeal. The Trial Court rejected the said application and consequently, rejected the appeal. Be that as it may, now the beneficiary of the acquisition is in appeal and this Court, in the judgment referred supra, has re-determined the market value at Rs.200/- per sq. ft. in respect of the land losers of the same area acquired under the same notification and for the same purpose. Hence, we are of the considered view that the present appeal also deserves to be allowed-in-part to maintain parity in the award of compensation to the land losers. Hence, we proceed to passed the following: ORDER These appeals are allowed-in-part with costs. The compensation is re-determined and the market value is - 11 - HC-KAR NC: 2026:KHC:6934-DB M.F.A. No.6163/2016 C/W M.S.A. No.50/2023 fixed at Rs.200/- per sq. ft. with statutory benefits and interest, in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 3 Sl No.: 1