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Girijamma W/O Gaviyappa vs. The Special Land Acquisition Officer

Final Order
Court:High Court of Karnataka, Dharwad Bench
Judge:Hon'ble R.Devdas
Case Status:Disposed
Order Date:25 Jul 2025
CNR:KAHC020134592021
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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble R.Devdas , K V Aravind

Listed On:

25 Jul 2025

Order Text

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JULY, 2025

PRESENT

THE HON'BLE MR. JUSTICE R.DEVDAS

AND

THE HON'BLE MR. JUSTICE K V ARAVIND

MFA CROB NO. 100031/2021 (LAC) C/W: MFA NO. 101559/2020, MFA NO. 101560/2020, MFA NO. 101561/2020, MFA NO. 101562/2020, MFA NO. 101563/2020, MFA NO. 101564/2020, MFA NO. 101565/2020, MFA NO. 101566/2020, MFA NO. 101567/2020, MFA NO. 101568/2020, MFA NO. 101569/2020, MFA NO. 101570/2020, MFA NO. 101571/2020, MFA NO. 101572/2020, MFA NO. 101573/2020, MFA NO. 101574/2020, MFA NO. 101575/2020, MFA NO. 101576/2020, MFA NO. 101577/2020, MFA NO. 101578/2020, MFA NO. 101579/2020, MFA NO. 101580/2020, MFA NO. 101581/2020, MFA NO. 101582/2020, MFA NO. 101587/2020, MFA NO. 101588/2020, MFA NO. 101589/2020, MFA NO. 101590/2020, MFA NO. 101591/2020, MFA NO. 101592/2020, MFA NO. 101593/2020, MFA CROB NO. 100028/2022, MFA CROB NO. 100030/2022, MFA CROB NO. 100032/2022, MFA CROB NO. 100034/2022, MFA CROB NO. 100035/2022, MFA CROB NO. 100036/2022, MFA CROB NO. 100037/2022, MFA CROB NO. 100038/2022, MFA CROB NO. 100039/2022, MFA CROB NO. 100040/2022, MFA CROB NO. 100047/2022, MFA CROB NO. 100048/2022, MFA CROB NO. 100050/2022, MFA CROB NO. 100067/2022, MFA CROB NO. 100068/2022, MFA CROB NO. 100069/2022, MFA CROB NO. 100070/2022, MFA CROB NO. 100071/2022, MFA CROB NO. 100072/2022, MFA CROB NO. 100073/2022, MFA CROB NO. 100074/2022, MFA CROB NO. 100075/2022, MFA CROB NO. 100076/2022, MFA CROB NO. 100077/2022, MFA CROB NO. 100078/2022, MFA CROB NO. 100079/2022, MFA CROB NO. 100080/2022 AND MFA CROB NO. 100081/2022

IN M.F.A. CROB. NO. 100031/2021:

BETWEEN:

Digitally signed by Location: High Court of Karnataka, Dharwad Bench

MOHANKUMAR B SHELAR

SHAMBAPPA S/O BASAPPA KABBINAD SINCE DECEASED BY HIS LR'S

  • 1.A SMT. REKHA W/O SHAMBAPPA KABBINAD, AGE. 55 YEARS, OCC. HOUSEHOLD, R/O. KOPPAL, TQ. AND DIST. KOPPAL.

  • 1.B SRI. SANDEEP S/O SHAMBAPPA KABBINAD, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. KOPPAL, TQ. AND DIST. KOPPAL.

  • CROSS OBJECTORS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL, DIST. KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R1 AND R2)

THIS M.F.A. CROB IN M.F.A. NO.101591/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC NO.4/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.) AT KOPPAL & ETC.

IN MFA NO. 101559/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SMT. BHARATHI, W/O. LATE PRABHUKUMAR BHIMANAPALLI, AGE: 55 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ : AND DIST : KOPPAL-583231.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.31/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101560/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SRI. BADRINARAYANA S/O. VASUDEVA VARNAKAR AGE: 55 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ : & DIST : KOPPAL-583231.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC NO. 18/2017 ON THE FILE OF CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101561/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-523211.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SMT. HANUMAWWA W/O. HANMAPPA GALI AGE: 67 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ : AND DIST : KOPPAL-523211.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC NO.22/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101562/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SRI. MUDIYAPPA S/O. GAVIYAPPA GEJJI, AGE : 48 YEARS,
    1. SHIVAPPA S/O. GAVIYAPPA GEJJI, AGE : MAJOR,

BOTH ARE AGRICULTURISTS, R/O : KOPPAL, TQ: & DIST: KOPPAL-583231.

  • RESPONDENTS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC NO.21/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101563/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-523211.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SRI. K. RAMBABU S/O. K. GANGADHAR RAO, AGE 48 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ : AND DIST : KOPPAL-523211.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.27/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101564/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-523211.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SRI. CHANDRAPPA S/O. ERAPPA KAVALOOR AGE: 53 YEARS, OCC: AGRICULTURE, R/O: KOPPAL, TQ & DIST : KOPPAL-523211.
    1. RAMESH S/O. GURUBASAPPA CHAKKADI AGE: MAJOR, OCC.: AGRICULTURE, R/O KOPPAL, TQ & DIST : KOPPAL-523211.

  • RESPONDENTS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.36/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101565/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER. KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SMT. DEVAKAMMA W/O. LATE SHIVAPPA GALI SINCE DECEASED BY HER LR'S

  • 1.A SMT. SHANTAVVA W/O. LATE GAVISIDDAPPA GALI, AGE 34 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
  • 1.B SMT. ROOPA W/O. LATE BASAVARAJ GALI AGE 44 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
  • 1.C KUMARI NISHMITA D/O. BASAVARAJ GALI, AGE 20 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
  • 1.D SRI. CHANDRAPPA S/O. SHIVAPPA GALI, AGE 48 YEARS, OCC. AGRICULTURE, R/O. KOPPAL.
  • 1.E SMT. HEMAVVA W/O. BASAVARAJ KUDARKOTAGI, AGE 40 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.

1.F SMT. LALITAVVA W/O. MARUTHI MADGALLI, AGE 38 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL. - RESPONDENTS (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR RESPONDENTS (1A TO 1F))

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.23/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101566/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD, KOPPAL-523211.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

I. VISHNUVARDHAN REDDY S/O I. RAMACHANDRA REDDY, AGE: 47 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ AND DIST : KOPPAL-523211.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.29/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101567/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-523211.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SMT. KAMALA W/O. RAVI GUMASTA, AGE: 48 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ AND DIST : KOPPAL-523211.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.26/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101568/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-523211.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SRI. RAMANNA S/O. DYAMAPPA HALLIGUDI DOLLIN, AGE: 63 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ AND DIST : KOPPAL-523211.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.16/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101569/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

MFA Crob.No.100031 OF 2021 and connected matters

SMT. LAXMAWWA W/O. DURGAPPA AGE: 68 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ AND DIST : KOPPAL.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.14/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101570/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-523231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SHANTAMMA W/O. NARASAPPA KARATAGI, AGE : MAJOR,
    1. KHANDEPPA S/O. FAKIRAPPA KARATAGI, AGE : 69 YEARS,

BOTH ARE R/O : KOPPAL, TQ AND DIST : KOPPAL-523231.

  • RESPONDENTS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.13/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101571/2020:

BETWEEN:

  1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.

2. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SRI. PADAMANAGOUDA S/O. BASANAGOUDA POLICE PATIL, SINCE DECEASED BY HIS LRS

  • 1.A SMT. SUNANDABAI, W/O. LATE PADMANAGOUDA POLICE PATIL, R/O. KOPPAL.

  • 1.B SMT. RENUKA W/O. PADMANABHA MORAGERI, R/O. KOPPAL.

  • 1.C SMT. SUJATHA W/O. BAHUBALI MENASINKAI, R/O. KOPPAL.

    1. NAGANAGOUDA S/O. BASANAGOUDA POLICE PATIL, R/O. KOPPAL,
    1. SHANKARGOUDA S/O. BASANAGOUDA POLICE PATIL SINCE DECEASED BY HIS LRS

  • 3.A SMT. SUDHA, W/O. LATE SHANKARAGOUDA POLICE PATIL, R/O. KOPPAL.

  • 3.B KUMAR RAKESH, S/O. LATE SHANKARAGOUDA POLICE PATIL, R/O. KOPPAL.

    1. DHARMAGOUDA S/O. BASANAGOUDA POLICE PATIL R/O : KOPPAL,
    1. VASANTAGOUDA S/O. BASANAGOUDA POLICE PATIL ALL ARE AGRICULTURISTS, R/O : KOPPAL, TQ & DIST: KOPPAL.

  • RESPONDENTS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR R1(A TO C) & R3(A & B); NOTICE TO RESPONDENTS NO.2,4 & 5 ARE SERVED)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.20/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101572/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

I. VISHNUVARDHAN REDDY S/O I. RAMACHANDRA REDDY, AGE: 47 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ & DIST : KOPPAL.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.30/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101573/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SMT. YALLAWWA W/O. HANMANTHAPPA KARATAGI, AGE: 68 YEARS,
    1. SMT. DODDAGOURAVVA W/O. RATNAPPA KARATAGI, AGE: MAJOR,
    1. SRI. MANJUNATHA S/O. DEVENDRAPPA KARATAGI, AGE: MAJOR,
    1. PARASHURAMA S/O. RATNAPPA KARATAGI, AGE: MAJOR,
    1. SMT. RENAVVA W/O. SIDDAPPA KARATAGI, AGE: MAJOR,

ALL ARE AGRICULTURISTS, ALL ARE R/O. KOPPAL, TQ AND DIST : KOPPAL. - RESPONDENTS (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R1 TO R5)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.12/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101574/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SRI. DEVAREDDY S/O. BHIMAREDDY METI, AGE: 69 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ AND DIST : KOPPAL-583231.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.10/2017 ON THE FILE OF THE CIVIL JUDGE(SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101575/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SRI. GAVISIDDAPPA S/O. HANUMANTHAPPA GALI, AGE : 65 YEARS, OCC : AGRICULTURE, R/O : KOPPAL, TQ AND DIST : KOPPAL-583231.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.7/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101576/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SRI. HANUMANTHAPPA MUDDABALLI SINCE DECEASED BY HIS LRS

  • 1.A SMT. PARAWWA W/O. LATE HANUMANTHAPPA M, AGE 56 YEARS, OCC. HOUSEHOLD WORK, R/O. MALLAPUR.

  • 1.B KUMARI ANJALI D/O. ISHAPPA BANDYALI, AGE 23 YEARS, OCC. STUDENT, R/O. ARAKERI.

  • 1.C SMT. GOURAMMA W/O. RAMAPPA, AGE 40 YEARS, OCC. HOUSEHOLD WORK, R/O. MALLAPPUR.

  • 1.D SMT. GANGAMMA W/O. LAKSHMAN, AGE 40 YEARS, OCC. HOUSEHOLD WORK, R/O. MALLAPUR.

  • RESPONDENTS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R1(A TO D)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.8/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101577/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SRI. GAVISIDDAPPA RONAD SINCE DECEASED BY HIS LRS.
  • 1.A SMT. ANASAVVA W/O LATE GAVISIDDAPPA RONAD AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
  • 1.B KUM. BALAPPA S/O LATE GAVISIDDAPPA RONAD AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.
  • 1.C KUMARI REKHA D/O LATE GAVISIDDAPPA RONAD AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R1 (A TO C))

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.6/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101578/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-523231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SRI. MANJUNATH REDDY S/O. BHIMAREDDY METI, AGE: 53 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ AND DIST : KOPPAL-523231.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.9/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101579/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-523211.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SRI. GUDADAPPA S/O. MYLARAPPA MUDDABALLI, AGE: 55 YEARS, OCC.: AGRICULTURE, R/O : KOPPAL, TQ AND DIST : KOPPAL-523211.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.17/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101580/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-53231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

I. VISHNUVARDHAN REDDY S/O I. RAMACHANDRA REDDY, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: KOPPAL, TQ AND DIST: KOPPAL-153231.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC.NO.28/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101581/2020:

BETWEEN:

  1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009.

2. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-593231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SMT. P. RAJANI W/O P. HANUMANTHA RAO, AGE: 58 YEARS, OCC: AGRICULTURE, R/O HOSPET, TQ AND DIST: BALLARI-593237.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC. NO.34/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101582/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-593231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SMT. SAROJA W/O RAMGOPAL TAPADIA, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: KOPPAL, TQ: & DIST: KOPPAL-593231.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC. NO.3/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101587/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-523211.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SMT. GIRIJAMMA W/O GAVIYAPPA BAGLI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O KOPPAL, TQ: & DIST: KOPPAL-523211.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC. NO.1/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101588/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-593231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SRI. GAVISIDDAPPA S/O MALIMALLAPPA DOLLIN, AGED 48 YEARS,
    1. RAMAPPA S/O MALIMALLAPPA DOLLIN, AGED MAJOR,
  1. PARASAPPA S/O MALIMALLAPPA DOLLIN, AGED MAJOR,

ALL ARE AGRICULTURISTS, RESIDENTS OF KOPPAL, TQ. AND DIST. KOPPAL-593231.

  • RESPONDENTS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC. NO.15/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101589/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

RAMGOPAL S/O HARINARAYAN TAPADIA, AGE: 58 YEARS, OCC: AGRICULTURE, R/O KOPPAL, TQ AND DIST: KOPPAL.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC. NO.2/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101590/2020:

BETWEEN:

  1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.

2. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SRI. HANUMESH S/O KAMBAYYA IIIUR, AGE: 51 YEARS, OCC: AGRICULTURE, R/O KOPPAL, TQ AND DIST : KOPPAL-583231.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC. NO.19/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101591/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-593231.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SRI. SHAMBAPPA S/O BASAPPA KABBINAD, AGE: 66 YEARS, OCC: AGRICULTURE, R/O KOPPAL, TQ AND DIST: KOPPAL-593231.

  • RESPONDENT

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC. NO.4/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL & ETC.

IN M.F.A. NO. 101592/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SMT. HAMPAWWA W/O KALAKAPPA SINCE DECEASED BY HER LRS

  • 1.A SMT. LAXMAVVA W/O LATE GAVISIDDAPPA RONAD. AGE 58 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.

  • 1.B SMT. AKKAMMA W/O LATE BASAVARAJ PATIL. AGE 53 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.

  • 1.C SMT. BASAVVA W/O FAKEERAPPA KOPPAD. AGE 52 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.

  • 1.D SMT. SHYAVAVVA W/O BASAVARAJ METI. AGE 50 YEARS, OCC. AGRICULTURE, R/O. KOPPAL.

  • 1.E SMT. NAGARATNA W/O SIDDAPPA BASAPUR, AGE 46 YEARS, OCC. HOUSEHOLD WORK, R/O. GANGAVATHI.

  • 1.F SMT. ARASAMMA W/O GAVISIDDAPPA RONAD, AGE 45 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.

  • 1.G SMT. MANJULA D/O KALAKAPPA GEJJI, AGE 44 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.

  • 1.H SRI. BALAPPA S/O KALAKAPPA GEJJI, AGE 44 YEARS, OCC. AGRICULTURE, R/O. KOPPAL.

  • 1.I SMT. SHIVAMMA W/O BALAPPA GEJJI, AGE 42 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL.

  • 1.J SRI. GAVIYAPPA S/O BASAPPA, AGE 41 YEARS, OCC. AGRICULTURE, R/O. KOPPAL.

  • RESPONDENTS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR C/R1(A TO J)

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC. NO.5/2017 ON THE FILE OF THE CIVIL JUDGE (SR DN), KOPPAL, & ETC.

IN M.F.A. NO. 101593/2020:

BETWEEN:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • APPELLANTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

    1. SRI. ABDUL GAFURSAB SINCE DECEASED BY HIS LRS
  • 1.A SMT. FATIMA W/O LATE GAFARSAB BEPARI, AGE 56 YEARS, OCC. HOUSEHOLD WORK, R/O. KOPPAL-523231.
  • 1.B SRI. MUSTAFA S/O LATE GAFARSAB BEPARI, AGE 37 YEARS, OCC. AGRICULTURE, R/O. KOPPAL-523231.
  • 1.C SRI. WASEEM S/O LATE GAFARSAB BEPARI, AGE 35 YEARS, OCC. AGRICULTURE, R/O. KOPPAL-523231.
  • 1.D SRI. AMAN BEPARI S/O LATE GAFARSAB BEPARI,

AGE 33 YEARS, OCC. AGRICULTURE, R/O. KOPPAL-523231.

  • RESPONDENTS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE FOR R1(A TO D))

THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2020 PASSED IN LAC. NO.11/2017 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), KOPPAL, & ETC.

IN M.F.A. CROB. NO. 100028/2022:

BETWEEN:

    1. PADMANAGOUDA S/O BASANAGOUDA SINCE DECEASED BY HIS LR'S
  • 1.A SMT. SUNANDABAI W/O PADMANAGOUDA, AGE 75 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
  • 1.B SMT. RENUKA W/O PADMANABHA MORAGERI, AGE 55 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
  • 1.C SMT. SUJATA W/O BAHUBALI MENASINAKAI, AGE 50 YEARS, OCC. AGRICULTURE, R/O HARAPANAHALLI, DIST. BALLARI.
    1. SHRI NAGANAGOUDA, S/O BASANAGOUDA POLICEPATIL, AGE 60 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
    1. SHRI DHARMAGOUDA, S/O BASANAGOUDA POLICEPATIL, AGE 52 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
    1. SHANKARAGOUDA S/O BASANAGOUDA POLICEPATIL SINCE DECEASED BY HIS LR'S
  • 4.A SMT. SUDHA W/O SHANKARGOUDA POLICEPATIL, AGE 52 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
  • 4.B KUM. RAKESH S/O SHANKARGOUDA POLICEPATIL, AGE 30 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
    1. VASANTGOUDA S/O BASANAGOUDA POLICEPATIL,

AGE 48 YEARS, OCC. AGRICULTURE, R/O KOPPAL. - CROSS OBJECTORS (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL

FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101571/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.) KOPPAL IN LAC NO.20/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100030/2022:

BETWEEN:

SRI. DEVAREDDY S/O BHEEMAREDDY METI, AGE: 66 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101574/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.) KOPPAL IN LAC NO.10/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100032/2022:

BETWEEN:

SMT. GIRIJAMMA W/O GAVIYAPPA AGE 65 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101587/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.) KOPPAL IN LAC NO.01/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100034/2022:

BETWEEN:

SMT. SAROJA W/O RAMGOPAL TAPADIYA AGE. 52 YEARS, OCC. AGRICULTURE, R/O KOPPAL. - CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

MFA Crob.No.100031 OF 2021 and connected matters

THIS M.F.A. CROB. IN MFA NO.101582/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.) KOPPAL IN LAC NO.03/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100035/2022:

BETWEEN:

SMT. HANUMAVVA W/O HANUMAPPA GALI AGE 64 YEARS, OCC. AGRICULTURE, R/O KOPPAL. - CROSS OBJECTOR (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN MFA NO.101561/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.) KOPPAL IN LAC NO.22/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100036/2022:

BETWEEN:

    1. MUDIYAPPA S/O GAVIYAPPA GEJJI, AGE 45 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
    1. SHIVAPPA S/O GAVIYAPPA GEJJI, AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTORS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

  1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.

  2. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101562/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.) KOPPAL IN LAC NO.21/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100037/2022:

BETWEEN:

SHRI HANUMANTHAPPA S/O MAILARAPPA, AGE 72 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101576/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.8/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100038/2022:

BETWEEN:

SMT. HAMPAWWA W/O KALAKAPPA GEJJI AGE 59 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101592/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.), KOPPAL IN LAC NO.5/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100039/2022:

BETWEEN:

RAMANNA S/O DYAMAPPA HALLIGUDI, AGE 60 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101568/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.16/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100040/2022

BETWEEN:

HANUMESH S/O KAMBAYYA ILLUR, AGE 48 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101590/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.19/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100047/2022

BETWEEN:

SHRI RAMGOPAL S/O HARINARAYAN TAPADIA AGE 66 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101589/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.), KOPPAL IN LAC NO.2/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB NO. 100048/2022:

BETWEEN:

SMT. BHARATHI W/O LATE PRABHUKUMAR BHIMANAPALLI, AGE: 52 YEARS, OCC.: AGRICULTURE, R/O KOPPAL, TQ. & DIST. KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101559/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.), KOPPAL IN LAC NO.31/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100050/2022:

BETWEEN:

SMT. KAMALA W/O RAVI GUMASTE, AGE 45 YEARS, OCC. AGRICULTURE, R/O KOPPAL. - CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

MFA Crob.No.100031 OF 2021 and connected matters

THIS M.F.A. CROB. IN M.F.A. NO.101567/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.), KOPPAL IN LAC NO.26/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100067/2022:

BETWEEN:

SMT. DEVAKAMMA W/O LATE SHIVAPPA GALI, AGE 66 YEARS, OCC. AGRICULTURE, R/O KOPPAL. - CROSS OBJECTOR (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101565/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.23/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100068/2022:

BETWEEN:

BADARINARAYAN S/O VASUDEVA VARNEKAR AGE 52 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER,

KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS (BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101560/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.18/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100069/2022:

BETWEEN:

SRI. GAVISIDDAPPA S/O HANUMANTAPPA GALI, AGE 67 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101575/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.), KOPPAL IN LAC NO.07/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100070/2022:

BETWEEN:

I. VISHNUVARDHAN S/O I. RAMCHANDRA REDDY, AGE 44 YEARS, OCC. AGRICULTURE, R/O KOPPAL. - CROSS OBJECTOR (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

  1. THE SPECIAL LAND ACQUISITION OFFICER,

KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.

  1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.
  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101572/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.30/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100071/2022:

BETWEEN:

SMT. SHANTAMMA W/O NARASAPPA KARATAGI SINCE DECEASED BY HER LR'S

  • 1.A SRI. HANUMANTAPPA S/O NARASAPPA KARATAGI AGE: 43 YEARS, OCC.: AGRIL., R/O.KOPPAL, TQ. AND DIST. KOPPAL-583231.

  • 1.B SMT. PARVATHAMMA W/O YANKAPPA ARYARU AGE: 42 YEARS, OCC.: HOUSEHOLD, R/O.KANDAKUR, TQ. KUSHTAGI & DIST. KOPPAL-583277.

  • 1.C SMT. SUSHEELA W/O BASAVARAJ RAJAPPANAVAR AGE: 40 YEARS, OCC.: HOUSEHOLD, R/O. KALSUR VILLAGE, DIST. HAVERI.

  • 1.D SRI. LAXMAN S/O NARASAPPA KARATAGI AGE: 37 YEARS, OCC.: AGRIL., R/O.KOPPAL, TQ. AND DIST. KOPPAL-583231.

  • 1.E SRI. BASAVARAJ S/O NARASAPPA KARATAGI AGE: 30 YEARS, OCC.: AGRIL., R/O.KOPPAL, TQ. AND DIST. KOPPAL-583231.

    1. SRI KHANDYAPPA S/O FAKEERAPPA KARATAGI AGE: 70 YEARS, OCC.: AGRIL, R/O. KOPPAL, TQ. AND DIST. KOPPAL-583231.

  • CROSS OBJECTORS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101570/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.13/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100072/2022:

BETWEEN:

I. VISHNUVARDHAN S/O I. RAMCHANDRA REDDY, AGE 44 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS (BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101580/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.28/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100073/2022:

BETWEEN:

SMT. LAXMAWWA W/O DURGAPPA, AGE 65 YEARS, OCC. AGRIL, R/O KOPPAL.

  • CROSS OBJECTOR (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101569/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.14/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100074/2022:

BETWEEN:

SRI. ABDUL GAFURSAB S/O ABDUL REHAMANSAB BEPARI, AGE 64 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101593/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN.), KOPPAL IN LAC NO.11/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100075/2022:

BETWEEN:

    1. CHANDRAPPA S/O ERAPPA KAVALUR AGE 50 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
    1. RAMESH S/O GURUBASAPPA CHAKKADI AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTORS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB IN M.F.A. NO.101564/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.36/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100076/2022:

BETWEEN:

I. VISHNUVARDHAN REDDY S/O RAMCHANDRA REDDY, AGE 44 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101566/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.29/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100077/2022:

BETWEEN:

    1. SMT. YALLAWWA W/O HANUMANTHAPPA KARATAGI, AGE 65 YEARS, OCC. AGRICULTURE, R/O KOPPAL.
    1. DODDAGOURAWWA W/O RATNAPPA KARATAGI, AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.
    1. MANJUNATH S/O DEVENDRAPPA KARATAGI, AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.
    1. PARASHURAM S/O RATNAPPA KARATAGI, AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.
    1. SMT. RENAVVA W/O SIDDAPPA KARATAGI, AGE MAJOR, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTORS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101573/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.12/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100078/2022:

BETWEEN:

GUDADAPPA S/O MAILARAPPA MUDDABALLI, AGE 60 YEARS, OCC. AGRICULTURE, R/O KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101579/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.17/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100079/2022:

BETWEEN:

  1. SRI. GAVISIDDAPPA S/O MALIMALLAPPA DOLLIN AGE 49 YEARS, OCC. AGRICULTURE, R/O KOPPAL-583231.

SRI. RAMAPPA S/O MALIMALLAPPA DOLLIN SINCE DECEASED BY HIS LR'S

  • 2A. SMT. RENAVVA W/O RAMAPPA DOLLIN AGE 49 YEARS, OCC. AGRIL., R/O. KOPPAL-583231.
  • 2B. KUM. MARUTI S/O RAMAPPA DOLLIN AGE 23 YEARS, OCC. AGRIL., R/O. KOPPAL-583231.
    1. SRI. PARASAPPA S/O MALIMALLAPPA DOLLIN AGE 40 YEARS, OCC. AGRICULTURE,R/O KOPPAL-583231. - CROSS OBJECTORS

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO THEREBY MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.15/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100080/2022:

BETWEEN:

SRI. GAVISIDDAPPA S/O BALAPPA RONAD, AGE 63 YEARS, OCC. AGRIL, R/O. KOPPAL.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101577/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.6/2017 DATED 19.02.2020 & ETC.

IN M.F.A. CROB. NO. 100081/2022:

BETWEEN:

SMT. P. RAJANI W/O P. HANUMANTHA RAO AGE 55 YEARS, OCC. AGRICULTURE, R/O HOSPETE, DIST. BALLARI.

  • CROSS OBJECTOR

(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

    1. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, 1 ST, 3RD, AND 4TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.
    1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, KOPPAL-583231.

  • RESPONDENTS

(BY SRI. GURUDAS S. KANNUR, SENIOR COUNSEL FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)

THIS M.F.A. CROB. IN M.F.A. NO.101581/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED CIVIL JUDGE (SR. DN), KOPPAL IN LAC NO.34/2017 DATED 19.02.2020 & ETC.

THESE MFA CROSS OBJECTIONS AND MISCELLANEOUS FIRST

APPEALS HAVING BEEN HEARD AND RESERVED ON 22.07.2025,

COMING ON FOR 'PRONOUNCEMENT OF JUDGMENT', THIS DAY, THE

COURT PRONOUNCED THE FOLLOWING:

CAV COMMON JUDGMENT

(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)

The Karnataka Housing Board, through the Special Land Acquisition Officer has filed these Miscellaneous First Appeals, being aggrieved of the enhancement of compensation at the hands of the reference Court in L.A.C. No. 17/2017 and various other land acquisition cases arising out of preliminary notification dated 19.10.2010. The land owners/ claimants have also filed cross objections to the appeals and are seeking further enhancement. Therefore, all the appeals and cross objections were clubbed, heard together and are being disposed of by this common judgment.

  1. The undisputed facts are that for the benefit of the Karnataka Housing Board, the State Government issued preliminary notification dated 19.10.2020 for the purpose of formation of a residential layout, at Koppal town limits, seeking to acquire 208.11 acres. Final notification was however issued on 15.02.2012 confining the acquisition to 202.07 acres. The Special Land Acquisition Officer passed awards, determining compensation at the rate of Rs.6,20,100/- per acre. However by the impugned judgments the reference Court has enhanced the compensation at the rate of Rs.26,13,600/- per acre.

  2. Learned senior counsel Sri Gurudas Kannur, appearing for the KHB, submitted that the reference Court fell in error by taking into consideration four sale deeds and the consideration shown therein at Exs.P.16 to P.19. It is submitted that the exemplar sale deeds at Exs.P.16 to P.19 pertain to small plots of lands measuring between 1280 sq.ft. to 3600 sq.ft. It is also contended that the said plots were situated within the municipal limits of Koppal, whereas the lands acquired are situated in Koppal village. It is contended that the total extent of land acquired is 202.07 acres and a uniform rate has been fixed by the reference Court. It is contended that the acquired lands are not situated near the National Highway or the State Highway. The nearest land to the National Highway may be around 100 to 150 meters away from the National Highway. The last of the lands notified for acquisition may

  • 42 -

be about 500 to 600 meters away from the National Highway. It is therefore contended that the reference Court has erred in awarding a uniform rate to all the lands, irrespective of their proximity to the National Highway and the fair market value.

  1. The learned senior counsel has also taken this Court through the judgments in L.A.C. No. 38/2012 and M.F.A. No. 25383/2012, which pertain to another notification, where the lands were acquired for the construction of the District Hospital. It is contended that the lands acquired for construction of District Hospital were situated next to the National Highway and therefore the value of those lands could not be compared with the lands in question. It is also pointed out that in the said judgments pertaining to the District Hospital, the exemplars were the sale consideration shown in respect of small residential/ commercial plots and despite the proximity of the lands to the National Highway, the market value was taken as Rs.120/- per sq.ft. The same could not be taken as the fair market value of the lands in question. In this regard,
  • 43 -

learned senior counsel placed reliance on Cement Corporation of India Ltd. Vs. Purya & Ors.<sup>1</sup> , where it was held that the words "may be accepted as evidence" as found in Sec. 51-A of the Land Acquisition Act indicated that there is no compulsion on the Court to accept such transaction as evidence, but it is open to the Court to treat them as evidence. However, courts are required to take into consideration the comparative nature of the land, location of the land, the market potentiality of the land, etc. and fix the compensation on an arithmetic calculation. It was however held that the evidence produced by both the sides have to be evaluated, to find out which of the exemplars are best suited to the facts of the case, having regard to the comparative nature of the location, suitability, marketability, etc. to fix the market value of the land acquired. The learned counsel would therefore submit that the reference Court fell in error by simply following the judgment rendered by this Court in M.F.A. No. 25383/2012, which was not in respect of the

1 2004 (8) SCC 270 notification in question and the two lands were not comparable.

  1. Learned counsel would further submit that the reference Court has not looked into the sales statistics produced and marked as Ex.R.2, before the reference Court. The sales statistics has been obtained from the office of the Sub Registrar, Koppal village and the statistics provided information regarding the sale transaction and the value shown in the sale transactions for the year 2009 and 2010. The price ranged between 3.60 lakhs to 4 lakhs per acre and maximum of Rs.8.10 lakhs per acre, in the year 2010. It is submitted that the reference Court should have taken into consideration the highest price, i.e., Rs.8.10 lakhs per acre, as the fair market value of the lands in question. It is submitted that the consistent opinion of this Court and of the Hon'ble Supreme Court is that when assessing the market value of larger extents of land, the Courts should take into consideration the comparative sale value shown in sale transactions of such larger extents of land. Courts should avoid considering the sale value of smaller extents of land, when the sale value of larger extents are made available to the Court. In this regard, reliance is placed on Chimanlal Hargovind Das Vs. Special Land Acquisition Officer, Poona & Ors.<sup>2</sup> It was pointed out that the Apex Court, in the case of Special Deputy Collector & Ors. Vs. Kurra Sambashiva Rao & Ors.<sup>3</sup> has held that it is the bounden duty of the Court to evaluate the evidence on the basis of the human conduct, even if no rebuttal evidence is produced by the Land Acquisition Officer, to assess the market value applying the relevant tests laid down by the Apex Court. It was held that the burden of proof that the amount awarded by the S.L.A.O. is not adequate is always on the claimant. The burden is to adduce relevant and material evidence to establish that the acquired lands are capable of fetching higher market value than the amount awarded by the S.L.A.O. It would be relevant to notice the decision of the Apex Court in paragraph No.7 which reads as follows:
  • 46 -

<sup>2</sup> 1988 (3) SCC 751

<sup>3</sup> 1997 (6) SCC 41

"7. Whether fair and reasonable and adequate market value is always a question of fact depends on the evidence adduced, circumstantial evidence, and probabilities arising in each case. The guiding star or the acid test would be whether a hypothetical willing vendor would offer the lands and a willing purchaser in normal human conduct would be willing to buy as a prudent man in normal market conditions prevailing in the open market in the locality in which the acquired lands are situated as on the date of the notification under Section 4(1) of the Act; but not an anxious buyer dealing at arm's length with throw away price, nor façade of sale or fictitious sales brought about in quick succession or otherwise to inflate the market value. The judge should sit in the arm chair of the said willing buyer and seek an answer to the question whether in the given set of circumstances as a prudent buyer he would offer the same market value which the court proposed to fix for the acquired lands in the available market conditions. The court is, therefore, enjoined with the bounden duty of public function and judicial dispensation in determination of the market value of the acquired land and compulsory acquisition."

  1. The learned counsel would also point out to paragraph No.9 of the judgment in Kurra Sambashiva Rao (supra), where another decision in Basant Kumar & Ors. Vs Union of India<sup>4</sup> , was noticed. In the said case the Apex Court had held that the doctrine of equality in determination of payment of same compensation to all claimants covered by the same notification, is not a good principle. Treating the entire village as one unit and uniformly determining compensation on that basis is not sustainable in law. The Court must always determine market value prevailing on the date of notification under Section 4(1) of the Act and not what was claimed by the parties. The Court should sit in the armchair of a prudent willing purchaser and see whether he would be willing to offer the same price as is proposed to be fixed by the Land Acquisition Officer as market value for the same or similar lands possessed of all the advantageous features. It was also held in Union of India & Ors. Vs. Mangatu Ram & Ors.<sup>5</sup> that Article 14 has no application to the land acquisition cases vis-à-vis determination of compensation, for the obvious reason that it is hardly possible that all the lands are equal in all respects; they differ from one
  • 48 -

<sup>4</sup> (1996) 11 SCC 542

<sup>5</sup> AIR 1997 SC 2704

another and bare different features, e.g., nature, quality and character; therefore, all the lands do not command the same market value when they are sold to a willing purchaser by a willing vendor in the open market.

  1. Per contra, learned senior counsel Sri Jayakumar S. Patil, appearing for the respondents/claimants and the cross objectors contended, while placing reliance on Administrator General of West Bengal Vs. Collector, Varanasi<sup>6</sup> submitted that the principle that evidence of market value of sales of small, developed plots is not a safe guide in valuing large extents of land has to be understood in its proper perspective. Learned senior counsel submitted that the Apex Court has held, not only in Administrator General of West Bengal (supra), but also in a catena of judgments, that valuing such small, laid out sites in the area at or about the time of the notification would be relevant, however, necessary deductions for the extent of land required for the formation of roads and other civic amenities; expenses of development of the

6 (1988) 2 SCC 150

  • 49 -

sites by laying out roads, drains, severes, water and electricity lines and the interest on the outlays for the period of deferment of the realization of the price; the profits on the venture, etc. are required to be taken into consideration. It was held by the Apex Court in Sahib Singh Kalha Vs. Amritsar Improvement Trust<sup>7</sup> , that deductions for land required for roads and other development expenses can, together, come upto as much as 53%. But the prices fetched for small plots cannot directly be applied in the case of large areas for the reason that the former reflects the 'retail' price of the land and the latter, the 'wholesale' price. In that view of the matter, learned senior counsel submitted that the submission on the other side that the value of small plots cannot be taken into consideration, should be rejected.

  1. The learned senior counsel submitted that the reference Court has applied these principles and considered the sale transctions in respect of the plots as found in Exs.P.16 to P.19 which pertain to the same year

7 (1982) 1 SCC 419

  • 50 -

as the notification and a few months prior to the issuance of the notification and therefore they can be taken into consideration. It is pointed out from the impugned judgment that the reference Court found from the four sale transactions that the sale consideration of the plots is at the rate of Rs.120/- per sq.ft. and the reference Court has deducted 30% towards the land area to be set apart for providing infrastructural facilities and has further deducted 20% towards developmental expenditure. In this manner the reference Court has arrived at Rs.60/- per sq.ft. and has arrived at the figure Rs.26,13,600/- per acre (Rs.60/- x 43,560 sq.ft.).

  1. However the learned senior counsel, while placing reliance on a recent judgment of the Apex Court in the case of Horrmal (deceased) through his LRs & ors. Vs. State of Haryana & Ors.<sup>8</sup> submitted that the Apex Court has held that there is no bar in law against considering sale exemplars of smaller plots, provided they are subjected to adequate developmental charges. The

8 (2024 SCC OnLine SC 2990) - 51 -

rationale behind applying such cuts lies in the fact that smaller plots often command higher prices due to their developed nature, whereas a larger tract of land which is acquired for development may require sufficient allocation for creating roads, parks, essential services, etc. However, the Apex Court has also held that where there are multiple sale deeds available for consideration, the Court shall rely on the highest valued exemplars, unless the prices fall within a narrow range, in which case calculating an average of the values therein may be more congruous. In that view of the matter, learned senior counsel submitted that the reference Court should have taken into consideration Exs.P.19 where the valuation of the plot per sq.ft. is Rs.300/-. It is submitted that even if the maximum deduction is given, the reference Court would have arrived at Rs.100/- per sq.ft.

  1. Learned senior counsel Sri Jayakumar S. Patil would also submit that in terms of the judgment of the Apex Court cited above, the maximum deduction that could be applied is 53% and going by that standard, the rate per sq.ft. after deduction, in terms of Ex.P.17 would be Rs.67.21/- and Ex.P.19 would be Rs.141/-.

  2. Learned senior counsel would also submit that another method that is prescribed is to take into consideration the compensation fixed in earlier acquisition notifications or the subsequent notifications and adding 10% per annum either for escalation or deduction. In that regard, the learned senior counsel submits that in respect of Hirehalla project, where nearby lands were acquired the Hon'ble Supreme Court awarded Rs.16,94,977/- per acre. It was a notification of the year 2005. By applying the 10% per annum escalation method, the result would be Rs.27,29,775/- per acre, for the lands in question.

  3. It was further submitted that the contention of the KHB that uniform rates could not be fixed cannot be accepted and the reference Court has rightly awaded uniform rates to all the lands in question. It is pointed out that even the SLAO, while passing awards, has maintained uniform rates to all the lands in question. This is because the lands in question are acquired for the purpose of formation of a residential layout at the hands of the KHB. The lands are admittedly sandwitched between the National Highway on the Northern side and the District Main road on the Southern side. The idea is to form a layout which would have access to the National Highway as well as District Main Road. Therefore, there is nothing wrong in prescribing uniform rates while passing awards.

  4. Learned senior counsel Sri Jayakumar S. Patil, therefore submitted that these are cases for enhancement and not for reduction.

  5. Heard learned senior counsel Sri Gurudas Kannur for the appellants-KHB, learned senior counsel Sri Jayakumar S. Patil for the respondents/ claimants/ cross objectors and perused the appeal memo and cross objections.

  6. It is not disputed that 4(1) notification, for the purpose of construction of the District Hospital was issued on 29.03.2010. It is noticeable that lands in Sy. No. 266 was the subject matter of acquisition for the District Hospital. The said survey number is abutting the National

  • 54 -

Highway and some of the lands in question are situated just below Sy. No. 266. This is the reason why the reference Court has taken into consideration Ex.P.20, which is the award settled in respect of Sy. No. 266, of the same year. The reference Court has arrived at Rs.120/ per sq.ft., having regard to the compensation awarded in respect of the neighbouring lands, under a different notification, which is about five months apart. The reference Court has adopted the same method as was done by this Court in M.F.A. No. 25383/2012.

  1. However, what has been ignored is the fact that five months prior to the issuance of the notification under Section 4(1), in respect of the lands in question (09.08.2010), the acquisition notification for the purpose of construction of District Hospital was issued on 29.03.2010. The reason as to why Courts have directed not to take into consideration any sale transaction in the close proximity, immediately after the issuance of 4(1) notification, is that there may be obvious increase in the value of such lands, abutting the notified lands. In that
  • 55 -

view of the matter, it cannot be gainsaid that immediately after issuance of the 4(1) notification dated 29.03.2010, in respect of the District Hospital, there would be increase in the market value of the lands in question which are abutting the lands notified for construction of the District Hospital. This aspect of the matter has not been considered by the reference Court.

  1. Even if the lands in question are a few meters away from the National Highway, nevertheless, any prudent buyer would offer a better price to the lands in question, following the acquisition of the neighbouring lands where the District Hospital was proposed to be constructed. It is also an admitted fact that the office of the Deputy Commissioner is also situated a few meters away from the District Hospital. In fact, the area between the District Hospital and the office of the Deputy Commissioner forms the access for the proposed layout to be formed by the KHB. This aspect of the matter is found in the impugned judgment, where the reference Court has taken note of the said facts. The reference Court has noticed the contention of the claimants that the lands in question are surrounded by NH-63, school buildings, District Administration Complex (Office of the Deputy Commissioner), District Hospital, Lodges, petrol bunk, Medical College and other buildings. The enhancement of the value of the lands in question, following the acquisition of lands for construction of the District Hospital, could not have been ignored by the refrence Court. The reference Court, on the other hand, has gone by the compensation determined and enhanced in respect of Sy. No. 266, pertaining to the District Hospital. This Court is therefore of the considered opinion that the award passed by the reference Court, requires further enhancement.

  2. However, this Court is also of the considered opinion that the submission of the learned senior counsel Sri Gurudas Kannur, appearing for the KHB, regarding uniform rates, requires consideration. It is noticeable that a total extent of 202.07 acres of land have been notified for formation of a residential layout. These lands are sandwitched between the National Highway (after the

District Hospital) and the District Main Road. The distance from the National Highway to Sy. Nos. 269/1, 268/3, 268/8, 268/5 may be around 100-150 meters. The distance between the National Highway and the District Highway may be around 500-600 meters. We also find that Sy. Nos. 367/1, 367/2, 367/3, 367/4, which are at the Southernmost end of the layout, are abutting the District Main Road. We are therefore of the considered opinion that the SLAO and the Reference Court could not have prescribed uniform rates to all the lands in question. The advantage enjoyed by the lands situated in close proximity to the National highway and the District Main Road cannot be claimed by the lands situated in between.

  1. We however, do not accede to the submission made on behalf of the appellant-KHB that the reference Court has erred in taking into consideration the valuation of the smaller plots. We have noticed the fact that the reference Court has not only taken into consideration the valuation of the smaller plots, but it has taken into consideration the award enhanced at the hands of this Court in M.F.A. No. 25383/2012 in respect of the neighbouring acquired land in Sy. No. 266. Reliance placed on the said enhancement of award in M.F.A. No. 25383/2012 is justiciable, since the two notifications are five months apart and in respect of the neighbouring lands.

  2. We are therefore of the considered opinion that the lands situated at the Northern end and Southern end of the layout should be valued at Rs.140/-. At that rate, the enhanced compensation shall be computed thus:

Market rate of the land:Rs.140/-
Deduction at 50%:Rs.70/-
Rate per acre (40 guntas) ::43,560 sq.ft. x Rs.70/-<br>= Rs.30,49,200/- per acre

Insofar as the lands situated in the mid portion should be valued at Rs.130/-.

At that rate, the enhanced compensation shall be computed thus:

Market rate of the land:Rs.130/-
Deduction at 50%:Rs.65/-
Rate per acre (40 guntas) ::43,560 sq.ft. x Rs.65/-<br>= Rs.28,31,400/- per acre
  • 59 -
  1. Consequently, we proceed to pass the following order.

ORDER

  • (i) The Miscellaneous First Appeals filed at the hands of the KHB are dismissed;
  • (ii) The Cross Objections filed by the claimants are allowed in part.
  • (iii) The award in respect of the lands in Sy. No. 269/1, 269/6, 269/3, 269/4, 269/5, 268/3, 270/2P, 270/10, 270/8, 270/6, 270/1, 270/9, 270/3, 270/4, 270/7, 270/5, 273/2, 273/3, 268/8, 268/5, 268/7 (Northern portion) and Sy. No. 367/2, 367/4, 367/1, 367/3, 368/2, 368/1, 368/4, 368/3 (Southern portion) stand enhanced to Rs.30,49,200/- per acre.
  • (iv) The award in respect of the lands in Sy. No. 372/2, 371/1, 323/2, 323/3, 323/3, 323/1, 371/2A, 323/4, 371/1, 371/2B, 371/2C, 325/1, 325/2A, 325/2B, 370, 369/1, 369/2, 326/4, 326/1, 326/5, 326/2,

326/3 and 325/3 stands enhanced to Rs.28,31,400/- per acre.

  • (v) Ordered accordingly.
  • (vi) Office shall not issue certified copies of this order without collecting the deficit Court fee from the cross objectors.

Sd/- (R.DEVDAS) JUDGE

Sd/- (K V ARAVIND) JUDGE

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