Executive Engineer Vs Shivanna

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2025 PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1907/2021 (LAC)

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C/W

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MISCELLANEOUS FIRST APPEAL NO.1909/2021 (LAC) MISCELLANEOUS FIRST APPEAL NO.1922/2021 (LAC) MISCELLANEOUS FIRST APPEAL NO.1931/2021 (LAC) MISCELLANEOUS FIRST APPEAL NO.1943/2021 (LAC) MISCELLANEOUS FIRST APPEAL NO.7087/2021 (LAC) MISCELLANEOUS FIRST APPEAL NO.7135/2021 (LAC)

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IN M.F.A. No.1907/2021:

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Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

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BETWEEN:

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EXECUTIVE ENGINEER P.W.D. HASSAN.

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KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED (PRESENT ADDRESS) SAMPARKA SOUDHA, NO.8 BEP PREMISES, OPPOSITE ORION MALL DR. RAJKUMAR ROAD BANGALORE-576010 REP. BY EXECUTIVE ENGINEER MR. SANGAMESH G.R.

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…APPELLANTS

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(BY SRI. MANU K, ADV.,)

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AND:

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SHIVANNA S/O MALLEGOWDA AGED MAJOR R/O. PIRUMENAHALLI VILLAGE KASABA HOBLI

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HASSAN TALUK AND DISTRICT.

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STATE OF KARNATAKA REP. BY SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER HASSAN.

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ASSISTANT COMMISSIONER HASSAN.

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CHIEF SECRETARY GOVT. OF KARNATAKA.

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…RESPONDENTS

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(BY SRI. VENU T.N. ADV., FOR R1 SRI. G.S. ARUNA, HCGP FOR R2 TO R4)

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THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 22.10.2016, AND AWARD DATED 09.02.2016 RESPECTIVELY PASSED BY THE HON'BLE II ADDL. SENIOR CIVIL JUDGE AND JMFC, HASSAN IN LAC NO.203/2015 & ETC.

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IN M.F.A. NO.1909/2021:

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BETWEEN:

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EXECUTIVE ENGINEER P.W.D. HASSAN.

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KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED SAMPARKASOUDHA, NO.8

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021

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AND CONNECTED WITH MATTERS

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BEP PREMISES, OPPOSITE ORION MALL DR. RAJKUMAR ROAD, BANGALORE 576010 REPRESENTED BY EXECUTIVE ENGINEER MR. SANGAMESH G.R.

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...APPELLANTS

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(BY SRI. MANU K, ADV.,)

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AND:

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DEVIRAMMA

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W/O LATE JAVARAIAH, MAJOR HALUVAGILU VILLAGE, KASABA HOBLI HASSAN DISTRICT.

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STATE OF KARNATAKA REP. BY SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER HASSAN.

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...RESPONDENTS

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(BY SRI. MOHAN KUMAR B.M. ADV., FOR R1 SRI. G.S. ARUNA, HCGP FOR R2)

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THIS MFA IS FILED U/S. 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED AND AWARD DATED 26.02.2016 PASSED BY THE ADDL. SENIOR CIVIL JUDGE, HASSAN IN LAC 131/2014 & ETC.

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IN M.F.A. NO.1922/2021:

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BETWEEN:

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EXECUTIVE ENGINEER P.W.D. HASSAN.

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...APPELLANT

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(BY SRI. MANU K, ADV.,)

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AND:

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MALLEGOWDA S/O BASAVEGOWDA AGED 50 YEARS R/O. PIRUMENHALLI VILLAGE KASABA HOBLI, HASSAN TALUK AND DISTRICT.

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R/AT. VIDYUTH NAGARA MALLESHWARA NILIYA H.NO.207, HASSAN.

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STATE OF KARNATAKA REP. BY SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISISONER HASSAN.

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...RESPONDENTS

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(BY SRI. G.S. ARUNA, HCGP FOR R2 R1 SERVED)

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THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 03.03.2018, AND AWARD DATED 03.03.2018 RESPECTIVELY PASSED BY THE HON'BLE ADDL. SENIOR CIVIL JUDGE, HASSAN, IN LAC NO.410/2014 & ETC.

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IN M.F.A. NO.1931/2021:

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BETWEEN:

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EXECUTIVE ENGINEER P.W.D. HASSAN.

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KARNATAKA ROAD DEVELOPMETN CORPORATION LIMITED PRESENT ADDRESS SAMPARKA SOUDHA, NO.8 BEP PREMISES, OPPOSITE ORION MALL DR. RAJKUMAR ROAD

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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BANGALORE-576 001 REP. BY EXECUTIVE ENGINEER MR. SANGAMESH G.R.

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...APPELLANTS

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(BY SRI. MANU K, ADV.,)

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AND:

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DHANANJAYA S/O SANNOBORE GOWDA AGED MAJOR R/O. BIDAREKERE VILLAGE HASSAN TALUK AND DISTRICT.

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STATE OF KARNATAKA REP. BY SPECIAL LAND ACQUISITION OFFICER.

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ASSISTANT COMMISSIONER HASSAN.

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...RESPONDENTS

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(BY SRI. Y.S. MURUGENDRA, ADV., FOR R1 SRI. G.S. ARUNA, HCGP FOR R2 & R3)

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THIS MFA IS FILED U/S 54 OF LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 25.09.2018, AND AWARD DATED 25.10.2018 PASSED BY THE HON'BLE I ADDITIONAL SENIOR CIVIL JUDGE & JMFC, HASSAN IN LAC NO.41/2015 & ETC.

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IN M.F.A. NO.1943/2021:

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BETWEEN:

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EXECUTIVE ENGINEER P.W.D. HASSAN.

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...APPELLANT

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(BY SRI. MANU K, ADV.,)

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AND:

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ARASAIAH S/O LATE DYAVAIAH HALUVAGILU VILLAGE, KASABA HOBLI HASSAN TALUK.

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STATE OF KARNATAKA REP. BY SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER HASSAN.

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EXECUTIVE ENGINEER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD H.N PURA ROAD, HASSAN.

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...RESPONDENTS

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(BY SRI. MOHAN KUMAR B.M. ADV., FOR R1 SRI. G.S. ARUNA, HCGP FOR R2 R3 SERVED)

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THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED AND AWARD DATED 26.02.2016 PASSED BY THE ADDL. SENIOR CIVIL JUDGE, HASSAN IN LAC NO.129/2014 & ETC.

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IN M.F.A. NO.7087/2021:

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BETWEEN:

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EXECUTIVE ENGINEER P.W.D. HASSAN.

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EXECUTIVE ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED (PRESENT ADDRESS) SAMPARKA SOUDHA NO.8, BEP PREMISES OPPOSITE ORION MALL DR. RAJKUMAR ROAD

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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BANGALORE 576010 REP. BY EXECUTIVE ENGINEER MR. P.M. HEMANTH KUMAR.

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...APPELLANTS

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(BY SRI. MANU K, ADV.,)

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AND:

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PREMEGOWDA S/O GIDDEGOWDA R/O. GAVENAHALLI VILLAGE HASSAN TALUK AND DISTRICT.

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DEPUTY COMMISSIONER AND LAND ACQUISITION OFFICER HASSAN.

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...RESPONDENTS

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(BY SRI. MOHAN KUMAR B.M. ADV., FOR R1 SRI. G.S. ARUNA, HCGP FOR R2)

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THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 03.09.2016 AND AWARD DATED 14.09.2016 PASSED BY THE PRL. SENIOR CIVIL JUDGE, HASSAN IN LAC NO.134/2014 & ETC.

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IN M.F.A. NO.7135/2021:

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BETWEEN:

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EXECUTIVE ENGINEER P.W.D. HASSAN.

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EXECUTIVE ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED (PRESENT ADDRESS) SAMPARKA SOUDHA NO.8

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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BEP PREMISES OPPOSITE ORION MALL DR. RAJKUMAR ROAD BANGALORE 576010 REPRESENTED BY EXECUTIVE ENGINEER MR P.M. HEMANTH KUMAR.

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...APPELLANTS

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(BY SRI. MANU K, ADV.,)

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AND:

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H.C. DIVAKAR S/O CHALUVEGOWDA AGED ABOUT 79 YEARS R/O HALUVAGILU VILLAGE KASABA HOBLI HASSAN TALUK.

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DEPUTY COMMISSIONER AND LAND ACQUISITION OFFICER HASSAN.

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...RESPONDENTS

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(BY SRI. MOHAN KUMAR B.M. ADV., FOR R1 SRI. G.S. ARUNA, HCGP FOR R2)

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THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 03.09.2016 AND AWARD DATED 14.09.2016 PASSED BY THE PRL. SENIOR CIVIL JUDGE, HASSAN IN LAC NO.139/2014 & ETC.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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ORAL JUDGMENT

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

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Though these matters are listed for admission, with

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the consent of learned counsel appearing on either side, the same are taken up for final disposal.

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These appeals have been filed by the Executive Engineer, PWD, Hassan, & Karnataka Road Development Corporation Limited, (KRDCL) under Section 54(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ' the Act ', for short).

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MFA No.1907/2021 is filed challenging the judgment and award dated 22.10.2016 passed in LAC No.203/2015 by the II Additional Senior Civil Judge & JMFC, Hassan.

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MFA No.1909/2021 is filed challenging the judgment and award dated 26.02.2016 passed in LAC No.131/2014 by the Additional Senior Civil Judge, Hassan.

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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MFA No.1922/2021 is filed challenging the judgment and award dated 03.03.2018 passed in LAC No.410/2014 by the Additional Senior Civil Judge, Hassan.

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MFA No.1931/2021 is filed challenging the judgment and award dated 25.09.2018 passed in LAC No.41/2015 by the II Additional Senior Civil Judge & JMFC, Hassan.

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MFA No.1943/2021 is filed challenging the judgment and award dated 26.02.2016 passed in LAC No.129/2014 by the Additional Senior Civil Judge, Hassan.

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MFA No.7087/2021 is filed challenging the judgment and award dated 03.09.2016 passed in LAC No.134/2014 by the Principal Senior Civil Judge, Hassan.

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MFA No.7135/2021 is filed challenging the judgment and award dated 03.09.2016 passed in LAC No.139/2014 by the Principal Senior Civil Judge, Hassan.

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The brief facts leading to filing of these appeals are that the State Government issued a preliminary notification under Section 4(1) and final notification under Section 6(1) of the Act for acquisition of various extents of

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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lands including the lands in question for the purpose of construction of Hassan outer ring road. The Special Land Acquisition Officer (SLAO) has determined the market value of the land by passing the award. The respondents - land losers sought reference under Section 18(1) of the Act seeking for higher compensation. The Reference Court re-determined the market value at Rs.1,00,000/- per gunta. Being aggrieved, the present appeals have been filed.

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Sri.Manu K., learned counsel appearing for the appellants submits that the Reference Court has redetermined the market value at Rs.1,00,000/- per gunta placing reliance solely on Ex.P-7 i.e., LAC No.363/2014. It is submitted that the judgment in LAC No.363/2014 was passed by the another Reference Court placing reliance on the judgment in LAC No.215/2011. It is further submitted that the judgment in LAC No.215/2011 was set aside by this Court in W.P.No.48067/2017. It is also submitted that the co-ordinate bench in MFA No.1934/2021 has

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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considered the similar issue and remanded the matter back to the Reference Court to consider the case of the similarly placed land losers on merits. Hence, he seeks to allow the appeals by remanding the matter back to the Reference Court.

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Per contra, Sri.Venu T.N., Sri.Mohan Kumar B.M., Y.S.Murugendra, learned counsels appearing for respective respondent-claimants, support the impugned judgment of the Reference Court. It is submitted that the respondents-claimants have lost their land way back in the year 2008 and sofar they are unable to get the entire compensation due in view of the pendency of these appeals and if the matters are remanded back, it would cause further delay. Hence, they seek to dismiss the appeals.

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Learned HCGP appearing for the respondentState submits that the co-ordinate bench of this Court in the aforesaid MFA No.1934/2021 has remanded the matter back to the Reference Court to consider the case

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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on merits and hence, these appeals also deserve to be remanded back in terms of the aforesaid judgment.

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We have heard the arguments of the learned counsel appearing for the appellants, learned counsel appearing for the respective respondents-claimants and learned HCGP and have given our anxious considerations to the material available on record. The point that arises for consideration in these appeals is:

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"Whether the impugned judgments and awards of the Reference Court call for any interference?"

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The parties to the proceedings do not dispute that the lands of respondents-claimants have been acquired by the State Government for the purpose of formation of outer ring road at Hassan and the details of which are as under:

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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Survey No.	Extent of Land acquired	LAC. No.	Date of Preliminary notification
117/3	10 Guntas	203/2015	18.03.2008
280/1	20 Guntas	131/2014	02.01.2008
53/1	14 guntas	41/2015	15.10.2008
91	9 guntas	410/2014	18.03.2008
280/1	20 guntas	129/2014	02.01.2008
39/3 &	0.05 & 0.20	134/2014	18.03.2008
41/2	guntas
128/2,10	0.18, 0.05 and	139/2014	02.01.2008
1 & 129	0.03 guntas

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The impugned judgments in these appeals clearly indicate that the Reference Courts have enhanced the market value of the land in question at Rs.1,00,000/per gunta with all statutory benefits placing reliance on the earlier judgments of the other Reference Courts i.e., in LAC Nos.145/2014, 127/2014, 513/2014, 373/2014 and 363/2014. The material available on record indicates that the aforesaid earlier judgments of the Reference Courts

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determined the market value of the land at Rs.1,00,000/per gunta placing reliance on the judgment of another Reference Court in LAC No.215/2011. In the above mentioned judgments, no doubt the acquisition is by the State Government for the formation of outer ring road and these judgments have been passed by the Reference Courts solely relying on the judgment of another Reference Court in LAC No.215/2011, which has been set aside by this Court in W.P.No.48067/2017 & other connected matters.

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The Reference Court has not considered any other evidence to determine the market value of the lands in question, it has fully relied on the above mentioned judgments and determined the market value, and since the judgment in LAC No.215/2011 has been set aside by this Court in W.P.No.48067/2017 & other connected matters, the Reference Court is required to consider the case of respondents-claimants on merits and in accordance with law and determine the market value. The

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co-ordinate bench of this Court in the case of Executive Engineer, PWD Hassan, vs. P.N.Devaraju & Another¹

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has considered these aspects and set aside the impugned judgment of the Reference Court and remitted the matter back to the Reference Court for a decision afresh in accordance with law.

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We have carefully perused the judgment of the co-ordinate bench referred supra and the material available on record, we are in full agreement with the decision rendered by the co-ordinate bench in MFA No.1934/2021. Hence, we proceed to pass the following :

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ORDER

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i. Appeals are allowed .

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ii. The impugned judgments and awards dated

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22.10.2016, 26.02.2016, 03.03.2018, 25.09.2018, 26.02.2016, 03.09.2016 passed in LAC Nos.203/2015, 131/2014, 410/2014,

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1 MFA No.1934/2021 (LAC) disposed of on 04.10.2021

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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41/2015, 129/2014, 134/2014, 139/2014

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respectively passed by the Reference Court are hereby set aside.

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iii. The matters are remitted back to the Reference Court for decision afresh, in accordance with law. The Reference Court shall provide opportunity to the claimants as well as the appellants to adduce evidence and thereafter proceed to determine the market value of the lands in question afresh in accordance with law.

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iv. The appellants and claimants shall appear before the Reference Court on 10.03.2025 without awaiting any notice from the Reference Court. The Reference Court shall issue notice to the claimants, if they do not appear on 10.03.2025.

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v. The Reference Court shall dispose of the reference/claim petitions in accordance with law

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NC: 2025:KHC:7029-DB M.F.A. No.1907/2021 AND CONNECTED WITH MATTERS

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on their merits within a period of six months from

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the date of appearance of all the parties.

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vi. It is made clear that the appellants and claimants shall co-operate for early disposal of the proceedings and shall not seek unnecessary adjournments.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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BSR List No.: 1 Sl No.: 3

Executive Engineer v. Shivanna

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Executive Engineer v. Shivanna

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