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MSA No. 98 of 2025 HC-KAR AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 95 OF 2025 (LA)
C/W MISCELLANEOUS SECOND APPEAL NO. 96 OF 2025 (LA) MISCELLANEOUS SECOND APPEAL NO. 98 OF 2025 (LA)
MISCELLANEOUS SECOND APPEAL NO. 101 OF 2025 (LA) MISCELLANEOUS SECOND APPEAL NO. 102 OF 2025 (LA) MISCELLANEOUS SECOND APPEAL NO. 104 OF 2025 (LA) ,MISCELLANEOUS SECOND APPEAL NO. 105 OF 2025 (LA)
IN MSA No. 95/2025 BETWEEN:
THE EXECUTIVE ENGINEER M/S. CAUVERY NEERAVARI NIGAMA LIMITED H.R.P. HOLENARASIPURA, Digitally signed by HASSAN DISTRICT - 573 211.
SHARADAVANI B …APPELLANT Location: High Court of Karnataka (BY SRI. K.S. BHEEMAIAH, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONER OFFICE BUILDING HASSAN - 573 201.
12. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201.
2MSA No. 98 of 2025 HC-KAR AND 4 OTHERS
33. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIKASASOUDHA BENGALURU - 1.
44. SRI RAVIKUMARA S/O LATE H.N. HIRANNAIAH, AGED ABOUT 51 YEARS, RESIDING AT HARADANAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 211.
…RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI, AGA FOR R1 TO R3;
SRI. V.R. BALARAJ, ADVOCATE FOR R4)
THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT DATED 01.02.2025 PASSED IN LAC APPEAL 422/2019 ON THE FILE OF 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 04.07.2019 PASSED IN LAC NO.5/2014 ON THE FILE OF SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT.
IN MSA NO. 96/2025 BETWEEN:
THE EXECUTIVE ENGINEER M/S. CAUVERY NEERAVARI NIGAMA LIMITED H.R.P. HOLENARASIPURA, HASSAN DISTRICT - 573 211.
...APPELLANT (BY SRI. K.S. BHEEMAIAH.,ADVOCATE)
MSA No. 98 of 2025 HC-KAR AND 4 OTHERS AND:
1. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONER OFFICE BUILDING HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201.
3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIKASASOUDHA BENGALURU - 1.
NANJAMMA SINCE DEAD BY HER LR'S
4. SMT. LAKSHMAMMA W/O. SWAMY AGED BOUT 61 YEARS RESIDING AT HARADANAHALLI VILLAGE HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT - 573 211.
55. SMT. RUKKAMMA @ RAKMANAMMA W/O. LAKSHMAMMA AGED ABOUT 59 YEARS R/O HUNDIGANA VILLAGE JAVAGAL HOBLI, ARASIKERE TALUK HASSAN TALUK - 573 103. 6. SMT. VIJAYALAKSHMI W/O. KUMARA AGED ABOUT 57 YEARS R/O. NADDIOGUNDA VILLAGE MSA No. 98 of 2025 HC-KAR AND 4 OTHERS SHANIVARASHANTHE HOBLI SOMAWARPET TALUK KODAGU DISTRICT - 571 235.
77. SMT. RAJAMMA W/O. LAKSHMANA AGED ABOUT 53 YEARS R/O KAMATHI VILALGE ALUR TALUK, HASSAN DISTRICT - 573 213.
...RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI, AGA FOR R1 TO R3;
SRI. V.R. BALARAJ, ADVOCATE FOR R4 TO R7)
THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 01.02.2025 PASSED IN LAC APPEAL 432/2019 ON THE FILE OF 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 04.07.2019 PASSED IN LAC NO.9/2014 ON THE FILE OF SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT.
IN MSA NO. 98/2025 BETWEEN:
THE EXECUTIVE ENGINEER M/S. CAUVERY NEERAVARI NIGAMA LIMITED H.R.P. HOLENARASIPURA, HASSAN DISTRICT - 573 211.
...APPELLANT (BY SRI. K.S. BHEEMAIAH, ADVOCATE)
MSA No. 98 of 2025 HC-KAR AND 4 OTHERS AND:
1. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONER OFFICE BUILDING HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201.
3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIKASASOUDHA BENGALURU - 1.
4. SRI. NINGEGOWDA S/O. LATE. BOREGOWDA AGED ABOUT 81 YEARS RESIDING AT HARADANAHALLI VILLAGE HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT - 573 211.
...RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI, AGA FOR R1 TO R3;
SRI. V.R. BALARAJ, ADVOCATE FOR R4)
THIS MSA FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND AWARD DATED 01.2.2025 PASSED IN LAC(APPL) NO.425/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND ORDER DATED 04.07.2019 PASSED IN LAC.16/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITIONS FILED UNDER SEC.18(1) OF THE LAND ACQUISITION ACT., FOR ENHANCEMENT OF COMPENSATION.
MSA No. 98 of 2025 HC-KAR AND 4 OTHERS IN MSA NO. 101/2025 BETWEEN:
THE EXECUTIVE ENGINEER M/S. CAUVERY NEERAVARI NIGAMA LIMITED H.R.P. HOLENARASIPURA, HASSAN DISTRICT - 573 211.
...APPELLANT (BY SRI. K.S. BHEEMAIAH.,ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONER OFFICE BUILDING HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201.
3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIKASASOUDHA BENGALURU - 1.
4. SRI. KALEGOWDA S/O. LATE. CHANNEGOWDA AGED ABOUT 89 YEARS RESIDING AT HARADANAHALLI VILLAGE HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT - 573 211.
...RESPONDENTS (BY SRI. GOAPALAKRISHNA SOODI, AGA FOR R1 TO R3;
SRI. V.R. BALARAJ, ADVOCATE FOR R4)
THIS MSA IS FILED UNDER SEC.54(2) OF LAND MSA No. 98 of 2025 HC-KAR AND 4 OTHERS ACQUISITION ACT., AGAINST THE JUDGMENT AND AWARD DATED 01.02.2025 PASSED IN LAC (APPEAL) NO. 429/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 04.07.2019 PASSED IN LAC.13/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER 18 OF LAND ACQUISITION ACT. IN MSA NO. 102/2025 BETWEEN:
THE EXECUTIVE ENGINEER M/S. CAUVERY NEERAVARI NIGAMA LIMITED H.R.P. HOLENARASIPURA, HASSAN DISTRICT - 573 211.
...APPELLANT (BY SRI. K.S. BHEEMAIAH.,ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONER OFFICE BUILDING HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201.
3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIKASASOUDHA BENGALURU - 1.
MSA No. 98 of 2025 HC-KAR AND 4 OTHERS
4. SRI. H.D. CHANDREGOWDA S/O. LATE. DEVEGOWDA AGED ABOUT 70 YEARS RESIDING AT HARADANAHALLI VILLAGE HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT 573 211.
...RESPONDENTS (BY SRI. GOAPALAKRISHNA SOODI, AGA FOR R1 TO R3;
SRI. V.R. BALARAJ, ADVOCATE FOR R4)
THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE ORDER DATED 01.02.2025 PASSED IN LAC. APPEAL NO.424/2019 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 04.07.2019 PASSED IN LAC NO.20/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA. PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SEC.18(1) OF LAND ACQUISITION ACT.
IN MSA NO. 104/2025 BETWEEN:
THE EXECUTIVE ENGINEER M/S. CAUVERY NEERAVARI NIGAMA LIMITED H.R.P. HOLENARASIPURA, HASSAN DISTRICT - 573 211.
...APPELLANT (BY SRI. K.S. BHEEMAIAH.,ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONER OFFICE BUILDING MSA No. 98 of 2025 HC-KAR AND 4 OTHERS HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201.
3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIKASASOUDHA BENGALURU - 1.
H.S. MOOLIGIRIGOWDA SINCE DEAD BY HIS LR. 4. SRI. H.M. RAMESHA AGED ABOUT 53 YEARS, RESIDING AT HARADANAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT.
...RESPONDENTS (BY SRI. GOAPALAKRISHNA SOODI, AGA FOR R1 TO R3;
SRI. V.R. BALARAJ, ADVOCATE FOR R4)
THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE ORDER DATED 01.02.2025 PASSED IN LAC. APPEAL NO.430/2019 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 04.07.2019 PASSED IN LAC NO.7/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA. PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SEC.18(1) OF LAND ACQUISITION ACT.
MSA No. 98 of 2025 HC-KAR AND 4 OTHERS IN MSA NO. 105/2025 BETWEEN:
THE EXECUTIVE ENGINEER M/S. CAUVERY NEERAVARI NIGAMA LIMITED H.R.P. HOLENARASIPURA, HASSAN DISTRICT - 573 211.
...APPELLANT (BY SRI. K.S. BHEEMAIAH.,ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONER OFFICE BUILDING HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201.
3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIKASASOUDHA, BENGALURU - 1.
DYAVEGOWDA SINCE DEAD BY HIS LR
4. SRI. H D CHANDREGOWDA S/O LATE DYAVEGOWDA AGED ABOUT 68 YEARS, RESIDING AT HARADANAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT - 573 211 ...RESPONDENTS MSA No. 98 of 2025 HC-KAR AND 4 OTHERS (BY SRI. GOAPALAKRISHNA SOODI, AGA FOR R1 TO R3;
SRI. V.R. BALARAJ, ADVOCATE FOR R4)
THIS MSA FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT DATED 01.02.2025 PASSED ON IA NO. 1 IN LAC(A) NO.427/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, ALLOWING THE IA NO.1.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
2.Heard Sri.K.S.Bheemaiah, learned counsel for the appellant and Sri.Gopalakrishna Soodi, learned Additional Government Advocate for respondent Nos.1 to 3 and Sri.V.R.Balaraj, learned counsel for respondent No.4. 2. The present second appeals are filed by the beneficiary challenging the award passed by the reference Court confirmed by the First Appellate Court.
3. Facts in the nut shell which are utmost necessary for disposal of the present appeals are as under:
3.1. The land of respondent No.4 was acquired by respondent Nos.1 to 3 for the purpose of construction of Kamasamudra Lift Irrigation Project in the year 2007 by virtue of the notification marked at Ex.P.1, pursuant o same final notification came to be passed vide Ex.P.2 and general award came to be passed vide Ex.P.3. Land Acquisition Officer fixed the compensation at the rate of Rs.33,000/- per acre of the land.
3.2. Few land losers in respect of the same project, had earlier filed the reference application under Section 18 of the Land Acquisition Act which were subject matter of LAC Nos.203/2014, 152/2012 and 109/2015.
3.3. Judgments in those reference cases were placed before the Trial Court vide Exs.P.4 to 6. Sketch of Haradanahalli village was placed on record by the claimant vide Ex.P.7. Likewise, sketches of villages viz., kalluguduganahalli, Muttige, Naganahalli, Huluvare and Hassan Taluk were placed on record vide Exs.P.8 to 12.
Sketch of Holenarasipura was placed on record vide Ex.P.13.
3.4. From Exs.P.7 to 13, one can easily identify that the land of the claimant which has been acquired for the purpose of Kamasamudra Lift Irrigation Channel Project, was in the vicinity of the lands which were subject matter of Exs.P.4 to 6.
3.5. Claimants while deposing before the Court, since all the claim applications were clubbed along with LAC Nos.17/2014 and 16 connected cases, placed on record jointly the Form-B, payment voucher, award notices etc., which were marked at Exs.P.14 to 84. Ex.P.85 is the sketch of Hasuvinabetta Kavalu and having satisfied the award amount which were subject matter of Exs.P.4 to 6, certified copies of the order sheet in the Execution Petition No.305/2016 were placed on record vide Exs.P.86 and 87.
3.6. In other words, claimant’s claim that the award passed by the reference Court confirmed by the First Appellate Court were satisfied by the respondents including the present appellant which were subject matter of Exs.P.4 to 6. Therefore, the claimants requested the Court, under the application under Section 18 of the Land Acquisition Act and 16 other claimants who were also examined in LAC No.17/2014, sought for payment of the similar compensation amount that was awarded vide Exs.P.4 to 6 at the rate of Rs.1,00,000/- per gunta in other words, Rs.14,00,000/- per acre.
3.7. The awards passed by the reference Court and the First Appellate Court were subject matters of MFA No.4325/2021 and connected MFA No.4260/2021.
3.8. Division Bench of this Court while considering the case of the parties in detail, allowed those appeals and modified the award by granting sum of Rs.74,664/- per gunta as against fixing of the compensation of Rs.37,332/-per gunta by the Land Acquisition Officer.
3.9. The order passed by the Division Bench of this Court in the said Miscellaneous First Appeal was challenged by the claimants before the Hon’ble Apex Court in Civil Appeal No.6047-6048/2024.
3.10. Hon’ble Apex Court while taking into consideration the relevant aspects of the matter, allowed the appeals of the claimant and granted Rs.1,00,000/- per gunta as the compensation for the acquired lands by allowing the appeals filed by the claimants.
3.11. Against the said order of the Hon’ble Apex Court, the Executive Engineer of Kaveri Neeravari Nigama – beneficiary, filed a review petition in SLP (Civil) No……Dairy No(s).48595/2024.
3.12. Hon’ble Apex Court in the said review petition filed by the beneficiary, passed an order which reads as under:
“1. Delay condoned.
2. We hav
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