- 1 - HC-KAR NC: 2026:KHC:28475 WP No. 59069 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 59069 OF 2015 (LA-RES) BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD K R S ROAD, METAGAHALLI MYSORE-570 016 (SRI M.R. RAJESH, SLAO, MYSORE) …PETITIONER (BY SRI. ASHOK NARAYAN NAYAK, ADVOCATE) AND: 1. K.S. KRISHNA S/O PATEL SIDDEGOWDA R/O KEMPISIDDANAHUNDI CHATHRA HOBLI NANJANGUD TALUK MYSORE DISTRICT-571301 (SINCE DECEASED AND REPRESENTED BY LRS) 1(a) JAYANTHI W/O. LATE K.S. KRISHNA AGED ABOUT 40 YEARS 1(b) NANDINI D/O LATE K.S. KRISHNA AGED ABOUT 21 YEARS 1(c) SANJEEVINI D/O LATE K.S. KRISHNA AGED ABOUT 19 YEARS 1(d) RAVI KUMAR S/O LATE K.S. KRISHNA Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28475 WP No. 59069 of 2015 AGED ABOUT 18 YEARS ALL ARE RESIDING AT NO.385/A BUDAGI 2ND STAGE, MYSORE-570016. …RESPONDENTS (BY SRI. Y.S.H. REDDY, ADVOCATE FOR RESPONDENT NOS.1(a) TO 1(d)) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 29.08.2015 PASSED IN I.A'S FILED FOR SEEKING AMENDMENT OF JUDGMENT AND AWARD PASSED IN LAC NO.1/2008 BY THE HON'BLE CIVIL JUDGE (SR. DVN), NANJANGUD, MYSORE AT ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the correctness of an order dated 29.08.2015 passed by the Civil Judge Senior Division, Nanjangud in LAC No.1/2003, by which an application filed by the petitioner under Section 152 of Code of Civil Procedure was rejected. He has also sought for a writ, order or direction to consider and allow the application filed for amendment of the judgment and award dated 17.04.2008 passed in LAC No.1/2003 and to correct the clerical error crept therein. - 3 - HC-KAR NC: 2026:KHC:28475 WP No. 59069 of 2015 2. (i) The petitioner contends that the land belonging to the respondents was acquired pursuant to a notification issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'Act, 1966' for short) dated 30.12.1997, followed by a final notification dated 27.05.1998. The possession of the acquired land was taken on 12.07.1998 and an award was passed on 13.06.2001 determining the compensation payable at a sum of Rs.33,000/- per acre. The land losers sought reference under Section 18 of the Land Acquisition Act, 1894 (henceforth referred to as 'Act, 1894' for short) which was registered as LAC No.1/2003. The Reference Court disposed off the reference and enhanced the compensation to a sum of Rs.2,00,000/- per acre vide its judgment and award dated 17.04.2008. The petitioner challenged the said judgment and award in MFA No.10001/2008, which was dismissed on the ground of delay. Thereafter, the respondents filed Ex.P.No.138/2008 before the Civil Judge, (Sr.Dn), Nanjangud, Mysuru to execute the judgment and award dated 17.04.2008. - 4 - HC-KAR NC: 2026:KHC:28475 WP No. 59069 of 2015 (ii) The petitioner claims that it noticed an error in the judgment and award dated 17.04.2008 in as much as, the Reference Court failed to specify whether 'the additional amount at the rate of 12% per annum was payable from the date of publication of the notification under Section 4(1) of the Act, 1894 or from the date of taking possession whichever was earlier'. It is contended that the Reference Court merely observed that 'the respondents are entitled to the additional amount equivalent to 12% per annum on the enhanced market value from the date of the preliminary notification till the date of general award', without making any reference to date of taking possession. The petitioner therefore filed an application to amend the judgment and award. The said application was rejected in terms of the order dated 29.08.2015. The petitioner is therefore before this Court challenging the said order. 3. The learned counsel for the petitioner invited the attention of the Court to Section 23(1-A) of the Act, 1894 which reads as follows: "[(1-A) In addition to the market-value of the land, as above provided, the Court shall in every case award an amount calculated at the - 5 - HC-KAR NC: 2026:KHC:28475 WP No. 59069 of 2015 rate of twelve per centum per annum on such market-value for the period commencing on and from the date of the publication of the notification under Section 4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. Explanation.- In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded.]" [underlining by Court] He therefore contends that the Reference Court, while passing the award must have specifically mentioned 'the date of taking possession and must have held that the additional amount at the rate of 12% per annum is payable from the date of publication of the preliminary notification or from the date of taking possession of the land, whichever is earlier'. He contends that the omission to mention 'the date of taking possession' was an inadvertent error on the part of the Reference Court and that the said error ought to have been rectified, but the Reference Court held that the mistake pointed out by the petitioner is not a clerical error. - 6 - HC-KAR NC: 2026:KHC:28475 WP No. 59069 of 2015 4. Per contra, the learned counsel for the respondents submitted that the judgment and award passed by the Reference Court has attained finality in view of the dismissal of MFA No.10001/2008. He therefore submits that the petitioner cannot now allege that there is a mistake in the order passed by the Reference Court and seek correction. 5. I have considered the submissions of the learned counsel for the petitioner and the learned counsel for the respondents. 6. In the case on hand, the preliminary notification under Section 28(1) of the Act, 1966 was issued on 30.12.1997 and possession of the property was taken on 12.07.1998 and the award was passed on 13.06.2001. A reading of Section 23(1-A) of the Act, 1894 leans no doubt that the additional market value is to be reckoned from the date of preliminary notification till the date of passing an award or till the date of taking over possession whichever is earlier. Therefore, while granting the additional amount at the rate of 12% per annum on the market value under Section 23(1-A) of the Act, 1894, the Reference Court must have restricted the same to the - 7 - HC-KAR NC: 2026:KHC:28475 WP No. 59069 of 2015 period commencing from the date of the preliminary notification till the date of taking possession namely, 12.07.1998 which is before the date of passing the award. To this extent, the contention urged by the learned counsel for the petitioner merits acceptance. 7. The Reference Court which was bound to ensure that the award is in conformity with Section 23(1-A) of the Act, 1894, was oblivious of its responsibility in this regard. Consequently, it must have treated this as a clerical error and rectified the same by allowing the application filed by the petitioner. 8. In that view of the matter, the writ petition is allowed. The judgment and award dated 17.04.2008 passed in LAC No.1/2003 by Civil Judge (Sr.Dn.). Nanjangud, stands rectified in so far as the grant of the additional amount at the rate of 12% per annum on the market value is concerned, by clarifying that the additional amount of 12% on the market value is payable from the date of publication of the preliminary notification under Section 28(1) of the Act, 1966 till the date of taking possession that is on 12.07.1998. - 8 - HC-KAR NC: 2026:KHC:28475 WP No. 59069 of 2015 9. The other contention that the petitioner is entitled to deduct income tax is kept open to be agitated in the execution proceedings initiated by the respondents. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 20