The Assistant Executive Engineer Vs Thippeshappa — Land Acquisition | Karnataka HC (2025)

The Assistant Executive Engineer Vs Thippeshappa — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None to the appellant; the enhancement of compensation granted by the Reference Court stands, the appeal having been dismissed.

Issue for consideration

Quantum of compensation for the acquired land — whether the enhancement granted by the Reference Court (Rs.15,74,959/- per acre) must be upheld for respondent No.1, the point being no longer res integra in view of the Division Bench decision in MFA.No.6338/2021 and connected matters concerning the very same Preliminary Notifications and the same project.

Court's answer

Since the Division Bench of this Court in MFA.No.6338/2021 and connected matters dated 29.08.2025 confirmed the award passed by the Reference Court in respect of the very same Preliminary Notifications and the very same project, and the landowner herein is similarly situated on the same pedestal as the landowners in that judgment, the respondent landowner in this case cannot be discriminated; therefore, the appeal is liable to be dismissed.

Detailed headnote1 paragraphs

Land acquisition — Upper Bhadra Project — Quantum of compensation — Miscellaneous First Appeal under S.54(1) of the Land Acquisition Act, 1894 by the acquiring authority (Assistant Executive Engineer, Visvesvaraya Jala Nigam Limited) against the Reference Court's judgment and award dated 16.02.2021 in LAC No.04/2013 (Senior Civil Judge and Prl. JMFC, Tarikere), which partly allowed the reference petition under S.18(1) and granted compensation of Rs.15,74,959/- per acre for 3 acres 27 guntas over and above the SLAO award of Rs.12,75,010/- (Preliminary Notification dated 08.11.2010, gazette publication 18.11.2010). Held: the question of quantum is no longer res integra; the Division Bench of this Court in MFA.No.6338/2021 and connected matters dated 29.08.2025 (Assistant Executive Engineer Vs. Karisiddappa and Others) had already confirmed the Reference Court award under the very same Preliminary Notifications and the very same project; a similarly situated landowner cannot be discriminated against. Appeal dismissed. (Single Judge: Hanchate Sanjeevkumar, J.; decision dated 17.09.2025.)

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NC: 2025:KHC:37259 MFA No. 6334 of 2021

HC-KAR

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

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6334 OF 2021 (LAC)

BETWEEN:

THE ASSISTANT EXECUTIVE ENGINEER VISVESVARAYA JALA NIGAM LIMITED, UPPER BHADRA PROJECT, SUB DIVISION NO.4, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT KARNATAKA-577 228.

…APPELLANT

(BY SRI. NAGAIAH, ADVOCATE)

AND:

THIPPESHAPPA

SON OF DEVEERAPPA AGED ABOUT 60 YEARS

Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

RESIDENT OF BETTATAVAREKERE VILLAGE AMRUTHAPURA HOBLI TARIKERE TALUK CHIKKAMAGALURU DISTRICT KARNATAKA-577 228.

ASSISTANT COMMISSIONER / THE SPECIAL LAND ACQUISITION OFFICER UPPER BHADRA PROJECT TARIKERE, KARNATAKA-577228.

…RESPONDENTS

(BY SRI. GANESHA N.I., ADVOCATE FOR R1; V/O DATED 05.09.2022, MEMO FOR SERVICE OF NOTICE TO R2 HAS BEEN SERVED)

2 - NC: 2025:KHC:37259 MFA No. 6334 of 2021

HC-KAR

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894 AGAINST THE JUDGMENT AND AWARD DATED 16.02.2021 PASSED IN LAC NO.04/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, PRINCIPAL JMFC, TARIKERE, PARTLY ALLOWING THE REFERENCE PETITION U/S. 18(1) OF LAND ACQUISITION ACT.

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

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

Though the appeal is listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal.

This appeal is filed by the appellant-Assistant Executive Engineer of the Upper Bhadra Project challenging the judgment and award dated 16.02.2021 (but signed on 10.03.2021) passed in LAC.No.4/2013 on the file of the Senior Civil Judge and Prl. JMFC, Tarikerei, thereby, the Reference Court has passed the award and granted compensation of Rs.15,74,959/- per acre to the extent of 3 acres 27 guntas of land in addition to what has

3 - NC: 2025:KHC:37259 MFA No. 6334 of 2021

HC-KAR

been awarded by the Special Land Acquisition Officer (for short 'the SLAO').

The land of the appellant was acquired for the purpose of Upper Bhadra Project vide Preliminary Notification dated 08.11.2010 and published in the Karnataka Gazette on 18.11.2010 along with other lands. The SLAO has awarded compensation of Rs.12,75,010/- to the extent of 3 acres 27 guntas of land.

Being aggrieved by it, respondent No.1 has filed the reference application before the Reference Court and the Reference Court has enhanced the compensation of Rs.15,74,959/- per acre. Challenging the same, the present appeal is filed by the appellant.

The issue involved in the present case is no more res integra insofar as the quantum of compensation is concerned. The Division Bench of this Court in MFA.No.6338/2021 and connected matters dated 29.08.2025 between the Assistant Executive Engineer Vs.

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HC-KAR

Karisiddappa and Others in respect of the very same Preliminary Notifications and under the very same project, but for different landowners has confirmed the award passed by the Reference Court and a copy of the said judgment is produced for reference in this case.

When the Division Bench of this Court in the above said case has confirmed the order passed by the Reference Court and the appellant/landowner, who is also similarly situated on the same pedestal as that of other landowners in the above said judgment, then the respondent/landowner in this case cannot be discriminated. Therefore, the appeal is liable to be dismissed.

Accordingly, the appeal is dismissed .

SD/- (HANCHATE SANJEEVKUMAR) JUDGE

SRA List No.: 1 Sl No.: 30