Gogga Channabasavaraj S/O Gogga Channabasayya Vs the… — Land Acquisition | Karnataka HC (2025)

Gogga Channabasavaraj S/O Gogga Channabasayya Vs the… — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

MFA No.100116/2016 and MFA No.100117/2016 allowed in part with cost; compensation of the lands re-determined at Rs.2,200/- per sq.ft. with all statutory benefits and interests as per law; cross objections in MFA Crob Nos.100142/2018 and 100143/2018 rejected.

Issue for consideration

Whether the compensation awarded by the reference Court (Rs.800 per square feet in LAC No.8/2014 and LAC No.9/2014) should be enhanced. +1 more

Court's answer

The order of the learned Single Judge in MFA No.100355/2016 and connected matter attained finality (review rejected 21.02.2024; Supreme Court dismissal 09.09.2024) and the acquisition in these appeals is one and the same.

Ratio / Principle

The compensation of the lands in question is re-determined at Rs.2,200/- per sq.ft., in line with the re-determination in MFA No.100355/2016 and connected matters.

Key takeaways

The claimants are entitled to all statutory benefits and interests as per the law on the re-determined compensation.ratio¶¶96
The cross objections filed by the beneficiary in MFA Crob Nos.100142/2018 and 100143/2018 are rejected.ratio¶¶97

Detailed headnote1 paragraphs

Land Acquisition – Enhancement of compensation – Lands acquired vide notification dated 30.07.2009 for laying the Railway Line between Munirabad and Mehaboobnagar – Reference Court (Senior Civil Judge, Gangavathi) by judgment and award dated 07.12.2015 in LAC No.8/2014 and LAC No.9/2014 awarded compensation of Rs.800 per square feet – Claimants' appeals under S.54(1) of the Land Acquisition Act, 1894; Railway (beneficiary) filed cross objections under Order 41 Rule 22 CPC – Held: since the learned Single Judge in MFA No.100355/2016 and connected matters had re-determined the market value at Rs.2,200/- per sq.ft. and rejected the beneficiary's appeals, the review petition (RP No.100097/2022) was rejected on 21.02.2024 and the beneficiary's appeal was dismissed by the Hon'ble Supreme Court on 09.09.2024, and the acquisition in these appeals is one and the same, the compensation of the lands in question is re-determined at Rs.2,200/- per sq.ft.; claimants held entitled to all statutory benefits and interests as per law; cross objections in MFA Crob Nos.100142/2018 and 100143/2018 rejected; MFAs allowed in part with cost (DB: S.Sunil Dutt Yadav and Vijaykumar A.Patil JJ., judgment per Vijaykumar A.Patil J., 05.08.2025).

1 -

NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF AUGUST, 2025

PRESENT

THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

MFA CROB NO.100142 OF 2018

C/W

MFA NO.100116 OF 2016, MFA NO.100117 OF 2016,

MFA CROB NO.100143 OF 2018

IN MFA CROSS OBJ NO.100142 OF 2018: BETWEEN:

THE DEPUTY CHIEF ENGINEER, SOUTH WESTERN RAILWAY (CONSTRUCTION), HUBBALLI-580020, DIST: DHARWAD. NOW REP. BY DY. C.E., SWR, DAVANGERE-577001.

…CROSS OBJECTOR

(BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE)

AND:

VINAYAKA B V

Digitally signed byVINAYAKA B V Location: High Court ofKarnataka, Dharwad BenchDate: 2025.08.07 12:20:01+0530

GOGGA CHANNABASAVARAJ S/O GOGGA CHANNABASAYYA AGE: 62 YEARS, OCC: BUSINESS,

GOGGA GURUSIDDAYYA S/O GOGGA CHANNABASAYYA AGE: 54 YEARS, OCC: BUSINESS, BOTH ARE R/O: GANGAVATHI-583227, TQ: GANGAVATHI, DIST: KOPPAL.

THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT, SINDHNOOR-584128, DIST: RAICHUR.

2 -

NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER

HC-KAR

4. THE DEPUTY COMMISSIONER,

KOPPAL D.C. OFFICE, KOPPAL, KOPPAL-583231.

…RESPONDENTS

(BY SRI. B. SHARANABASAWA, ADVOCATE FOR R1 AND R2; SRI. PRAVEEN UPPAR, AGA FOR R3 AND R4)

THIS MFA.CROB IN MFA NO.100117/2016 IS FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD DATED 07.12.2015 PASSED IN MVC NO.9/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, GANGAVATHI, AWARDING COMPENSATION OF RS. 800 PER SQUARE FEET & ETC.

IN MFA NO.100116 OF 2016: BETWEEN:

GOGGA CHANNABASAVARAJ S/O GOGGA CHANNABASAYYA AGE: 59 YEARS, OCC: BUSINESS,

GOGGA GURUSIDDAYYA S/O CHANNABASAYYA AGE: 51 YEARS, OCC: BUSINESS, BOTH ARE R/O: TALUK: GANGAVATHI, DIST: KOPPAL.

…APPELLANTS

(BY SRI. B. SHARANABASAWA, ADVOCATE)

AND:

THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT SINDHANUR, DIST: RAICHUR.

DEPUTY CHIEF ENGINEER, SOUTH-WESTERN RAILWAYS (CONSTRUCTION), HUBBALLI, DIST: DHARWAD.

DEPUTY COMMISSIONER, KOPPAL, D.C. OFFICE, KOPPAL.

…RESPONDENTS

(BY SRI. PRAVEEN UPPAR, AGA FOR R1 AND R3; SRI. MALLIKARJUN S. HIREMATH, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT & AWARD DATED 07.12.2015 PASSED IN LAC.NO.8/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AT GANGAVATHI, PARTLY ALLOWING THE

NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER

3 -

HC-KAR

REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC.

IN MFA NO.100117 OF 2016: BETWEEN:

GOGGA CHANNABASAVARAJ S/O GOGGA CHANNABASAYYA AGE: 59 YEARS, OCC: BUSINESS,

GOGGA GURUSIDDAYYA S/O CHANNABASAYYA AGE: 51 YEARS, OCC: BUSINESS, BOTH ARE R/O: TALUK: GANGAVATHI, DIST: KOPPAL.

…APPELLANTS

(BY SRI. B. SHARANABASAWA, ADVOCATE)

AND:

THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT SINDHANUR, DIST: RAICHUR.

DEPUTY CHIEF ENGINEER, SOUTH-WESTERN RAILWAYS (CONSTRUCTION), HUBLI, DIST: DHARWAD.

DEPUTY COMMISSIONER, KOPPAL, D.C. OFFICE, KOPPAL.

…RESPONDENTS

(BY SRI. PRAVEEN UPPAR, AGA FOR R1 AND R3; SRI. MALLIKARJUN S. HIREMATH, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT & AWARD DATED 07.12.2015, PASSED IN LAC.NO.9/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AT GANGAVATHI, PARTLY ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC.

IN MFA CROSS OBJ NO.100143 OF 2018: BETWEEN:

THE DEPUTY CHIEF ENGINEER, SOUTH WESTERN RAILWAY (CONSTRUCTION), HUBBALLI-580020, DIST: DHARWAD.

4 -

NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER

HC-KAR

NOW REP BY DY. C.E., SWR. DAVANGERE-577001.

…CROSS OBJECTOR

(BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE)

AND:

GOGGA CHANNABASAVARAJ S/O GOGGA CHANNABASAYYA AGE: 62 YEARS, OCC: BUSINESS, R/O: GANGAVATHI-583227, TQ: GANGAVATHI, DIST: KOPPAL.

THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD-MEHABOOB NAGAR, RAILWAY LINE CONSTRUCTION PROJECT, SINDHNOOR-584128, DIST: RAICHUR.

THE DEPUTY COMMISSIONER, KOPPAL D.C. OFFICE, KOPPAL, KOPPAL-583231.

GOGGA GURUSIDDAYYA S/O GOGGA CHANNABASAYYA, AGE. 54 YEARS, OCC. BUSINESS, R/O GANGAVATHI-583227, TQ. GANGAVATHI, DIST. KOPPAL.

…RESPONDENTS

(BY SRI. B. SHARANABASAWA, ADVOCATE FOR R1 AND R4; SRI. PRAVEEN UPPAR, AGA FOR R2 AND R3)

THIS MFA.CROB IN MFA NO.100116/2016 FILED UNDER SECTION 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED 07.12.2015 PASSED IN LAC NO.8/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, GANGAVATHI, AWARDING COMPENSATION OF RS.800/- PER SQUARE FEET & ETC.

THESE MFA CROSS OBJECTIONS AND MISCELLANEOUS FIRST APPEALS COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

5 -

NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER

HC-KAR

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

MFA No.100116/2016 is filed by the claimant and MFA Crob No.100143/2018 is filed by the beneficiary. Being aggrieved by the judgment and award in LAC No.8/2014, MFA No.100117/2016 is filed by the claimants and MFA Crob No.100142/2018 is filed by the beneficiary challenging the judgment and award in LAC No.9/2014. These appeals have been filed challenging the judgment and award of the reference Court dated 07.12.2015 passed by the Senior Civil Judge, Gangavathi, in the aforesaid LAC.

It is not in dispute that the land involved in the aforesaid appeal is for the purpose of laying down the Railway Line between Munirabad to Mehaboobnagar under the notification dated 30.07.2009. It is submitted that the land owners have challenged the award of the reference Court before this Court and this Court in MFA No.100355/2016 and other matters re-determined the market value at Rs.2,200/- per sq.ft., and the appeals filed by the beneficiary were rejected. It is submitted that the

6 -

NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER

HC-KAR

review petition filed by the beneficiary was also rejected vide order dated 21.02.2024 in Review Petition No.100097/2022. It is further submitted that the order of the learned Single Judge in MFA No.100355/2016 and MFA Crob No.100127/2018 challenged before the Hon’ble Supreme Court and the Hon’ble Supreme Court vide order dated 09.09.2024 dismissed the appeal filed by the beneficiary.

In view of the aforesaid submissions, the order of learned Single Judge in MFA No.100355/2016 and connected matter attained finality and the acquisition in aforesaid appeal and the accusation in these appeals are one and the same. Hence, in view of the aforesaid undisputed fact, we proceed to pass the following;

ORDER

i] MFA No.100116/2016 and MFA

No.100117/2016 are allowed in part with cost.

7 -

NC: 2025:KHC-D:9792-DB MFA.CROB No. 100142 of 2018 C/W MFA No. 100116 of 2016 AND 2 OTHER

HC-KAR

ii] The compensation of the lands in question is re-determined at Rs.2,200/- per sq.ft.

iii] It is needless to observe that the claimants are entitled for all statutory benefits and interests as per the law.

iv] Cross objections filed in MFA Crob Nos.100142/2018 and 100143/2018 are rejected.

Sd/(S.SUNIL DUTT YADAV) JUDGE

Sd/(VIJAYKUMAR A.PATIL) JUDGE

PJ

List No.: 1 Sl No.: 36