- 1 - HC-KAR CNR: KAHC010554492022 NC: 2026:KHC:36336-DB MFA No. 8117 of 2022 C/W MFA No. 8104 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.8117 OF 2022 (LAC) C/W MISCELLANEOUS FIRST APPEAL NO.8104 OF 2022 IN MFA No.8117/2022 BETWEEN: THIMMEGOWDA S/O. NANJEGOWDA AGED ABOUT 68 YEARS RESIDENT OF AVVERAHALLI VILLAGE BINDIGANAVILE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432. …APPELLANT (BY SRI SYED AKBAR PASHA, ADVOCATE) AND: 1. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTH WESTERN RAILWAY CANTONMENT BENGALURU-560 001. 2. SPECIAL LAND ACQUISITON OFFICER THE SUB-DIVISIONAL OFFICER PANDAVAPURA SUB-DIVISION PANDAVAPURA MANDYA DISTRICT-571 434. Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010554492022 NC: 2026:KHC:36336-DB MFA No. 8117 of 2022 C/W MFA No. 8104 of 2022 3. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401. …RESPONDENTS (BY SRI A. CHANDRACHUD, CGSC FOR R-1; SRI ARUNA G.S., H.C.G.P., FOR R-2 AND R-3) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 19-3-2020 PASSED IN LAC NO.113 OF 2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, PARTLY ALLOWING THE REFERENCE PETITION UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013. IN MFA NO.8104/2022 BETWEEN: RANGEGOWDA S/O. SANNANANJEGOWDA AGED ABOUT 74 YEARS RESIDENT OF AVVERAHALLI VILLAGE BINDIGANAVILE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432. ...APPELLANT (BY SRI SYED AKBAR PASHA, ADVOCATE) AND: 1. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) - 3 - HC-KAR CNR: KAHC010554492022 NC: 2026:KHC:36336-DB MFA No. 8117 of 2022 C/W MFA No. 8104 of 2022 SOUTH WESTERN RAILWAY CANTONMENT BENGALURU-560 001. 2. SPECIAL LAND ACQUISITION OFFICER THE SUB-DIVISIONAL OFFICER PANDAVAPURA SUB-DIVISION PANDAVAPURA MANDYA DISTRICT-571 434. 3. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401. ...RESPONDENTS (BY SRI H. JAYAKARA SHETTY, CGSC FOR R-1; SRI ARUNA G.S., H.C.G.P. FOR R-2 AND R-3) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 19-3-2020 PASSED IN LAC NO.97 OF 2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION ACT, 2013. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T - 4 - HC-KAR CNR: KAHC010554492022 NC: 2026:KHC:36336-DB MFA No. 8117 of 2022 C/W MFA No. 8104 of 2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellants in these cases submits that the appeals arise out of the order passed by the Reference Court with regard to the acquisition of land bearing Sy.No.2/E, measuring 0.12 guntas, situated at Avverahalli Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District, which was initiated by preliminary notification dated 28.06.2013, gazetted on 04.07.2013. It is submitted that the matter stands covered by two judgments, one by a Division Bench of this Court in MFA No.8116/2022 and another by a Single Bench in MFA No.8105/2022. 2. It is submitted that the appellants therein have been held entitled to compensation at the rate of Rs.80,000/- per gunta, with all statutory benefits and interest. It is submitted that the instant cases are also arise under the very same notification, and the land in - 5 - HC-KAR CNR: KAHC010554492022 NC: 2026:KHC:36336-DB MFA No. 8117 of 2022 C/W MFA No. 8104 of 2022 question is situated in the very same village, i.e., Avverahalli Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District. The learned counsel for the appellants, therefore, contends that the market value at the rate of Rs.80,000/- per gunta is to be awarded in the instant case as well. 3. Learned counsel for the respondents, however, submits that the appeals have been filed belatedly and that the delays which have occurred in filing the appeals are to be disregarded for the purpose of computation of interest on the compensation. However, we notice that, after hearing the parties on both sides, the delay has been condoned by order dated 01.07.2026 without any reservation, since the delay is only 208 days. 4. It is further contended that there may be differentiation among individual properties within the same village itself with regard to the nature of the properties and distance from the highway and the railway line, and - 6 - HC-KAR CNR: KAHC010554492022 NC: 2026:KHC:36336-DB MFA No. 8117 of 2022 C/W MFA No. 8104 of 2022 that, therefore, such factors are liable to be taken into account and blanket orders cannot be passed. 5. Having considered the contentions advanced and in view of the fact that the land value of Rs.80,000/- per gunta has been granted in respect of identical cases arising under the very same notification, in the very same village, we are of the opinion that there cannot be any discrimination between the landowners who are identically situated. In view of the fact that several matters have been decided by the Reference Court, the learned Single Judge of this Court, as well as a Co-ordinate Bench of this Court, awarding the land value at the rate of Rs.80,000/- per gunta, we are of the opinion that the appellants herein are also entitled to the very same compensation by reckoning the land value at Rs.80,000/- per gunta. Accordingly, we proceed to pass the following: ORDER i) The appeals are allowed. - 7 - HC-KAR CNR: KAHC010554492022 NC: 2026:KHC:36336-DB MFA No. 8117 of 2022 C/W MFA No. 8104 of 2022 ii) The judgment and award passed in LAC No.113/2018 dated 19.03.2020 and in LAC no.97/2018 dated 19.03.2020 by the Court of the II Additional District and Sessions Judge, Mandya, is modified holding that the appellant/land owners are entitled to compensation of Rs.80,000/- per gunta along with all statutory benefits and interest. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 1