DR KIRAN K V vs THE SPECIAL LAND ACQUISITION OFFICER 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Kar) 26922

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2026
PRESENT: THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
MISCELLANEOUS FIRST APPEAL NO.3138 OF 2024 (LAC) C/W. MISCELLANEOUS FIRST APPEAL NO.2902 OF 2024 (LAC), MISCELLANEOUS FIRST APPEAL NO.3038 OF 2024 (LAC), MISCELLANEOUS FIRST APPEAL NO.3116 OF 2024 (LAC)
IN MFA NO.3138/2024:
BETWEEN:
1 . DR. KIRAN K. V.
S/O VENKATAPPA K. V.
AGED ABOUT 53 YEARS
2 . DR. SHILPA KIRAN
W/O DR. KIRAN. K. V.
AGED ABOUT 49 YEARS
BOTH RESIDING AT NO.89
2ND CROSS, PHASE-I
CLASSIC ORCHARDS LAYOUT
KALENA AGRAHARA
BANNERGHATTA ROAD
BENGALURU-560 076
...APPELLANTS
(BY SRI. RADHANANDAN B.S., ADV.)
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER-2
METRO
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
1ST FLOOR, MAHARSHI ARAVIND BHAVAN
NRUPATUNGA ROAD
BENGALURU-560 010
2 . STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
BENGALURU SOUTH TALUK
KANDAYA BHAVAN
K.G. ROAD
BENGALURU-560 009
3 . BENGALURU METRO RAIL CORPORATION LTD.,
(BMRCL), KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD
...RESPONDENTS
(BY SRI. CHANDRASHEKAR P.V, ADV, FOR R1;
SMT. SAVITHRAMMA, AGA, FOR R2;
SRI. N.N.HARISH, ADV, FOR R3)
THIS MFA IS FILED U/S.54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 27.01.2024 PASSED IN LAC NO.102/2022 ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, BENGALURU (CCH-17), BY DIRECTING THE RESPONDENTS NO.1 AND 3 TO PAY, JOINTLY AND SEVERALLY, THE INTEREST AMOUNT DUE TOTALLY AMOUNTING TO RS.1,39,02,871/- WHICH WAS DENIED BY THE TRIAL COURT.
IN MFA NO.2902/2024:
BETWEEN:
1 . DR. KIRAN K. V.
S/O. VENKATAPPA K. V.
AGED ABOUT 53 YEARS,
2 . DR. SHILPA KIRAN
W/O DR. KIRAN. K. V.
AGED ABOUT 49 YEARS,
BOTH ARE RESIDING AT NO.89,
2ND CROSS, PHASE-I,
CLASSIC ORCHARDS LAYOUT,
KALENA AGRAHARA,
BANNERGHATTA ROAD,
BENGALURU-560 076.
...APPELLANTS
(BY SRI. RADHANANDAN B. S., ADV.)
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER-2
METRO
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
1ST FLOOR, MAHARSHI ARAVIND BHAVAN
NRUPATUNGA ROAD
BENGALURU-560 010
2 . STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
BENGALURU SOUTH TALUK
KANDAYA BHAVAN
K.G. ROAD
BENGALURU-560 009
3 . BENGALURU METRO RAIL CORPORATION LTD.
(BMRCL), 3RD FLOOR
BMTC COMPLEX
K.H. ROAD, SHANTHI NAGAR
BENGALURU-560 027
REPRESENTED BY ITS MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI. CHANDRASHEKAR P. V, ADV, FOR R1;
SMT. SAVITHRAMMA, AGA, FOR R2;
SRI. N.N.HARISH, ADV. FOR R3)
THIS MFA IS FILED U/S.54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 27.01.2024 PASSED IN LAC NO.107/2022 ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, BENGALURU, (CCH NO.17) BY DIRECTING RESPONDENTS NO.1 AND 3 TO PAY, JOINTLY AND SEVERALLY, THE INTEREST AMOUNT DUE TOTALLY AMOUNTING TO RS.1,39,02,871/- WHICH WAS DENIED BY THE TRIAL COURT.
MFA NO.3038/2024:
BETWEEN:
1 . DR. KIRAN K. V.
S/O. VENKATAPPA K. V.
AGED ABOUT 53 YEARS
2 . DR. SHILPA KIRAN
W/O DR. KIRAN. K. V.
AGED ABOUT 49 YEARS
BOTH ARE RESIDING AT NO.89
2ND CROSS, PHASE-I
CLASSIC ORCHARDS LAYOUT
KALENA AGRAHARA
BANNERGHATTA ROAD
BENGALURU-560 076.
...APPELLANTS
(BY SRI. RADHANANDAN B. S, ADV.)
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER-2
METRO
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
1ST FLOOR, MAHARSHI ARAVIND BHAVAN
NRUPATUNGA ROAD
BENGALURU-560 010
2 . STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
BENGALURU SOUTH TALUK
KANDAYA BHAVAN
K.G. ROAD
BENGALURU-560 009
3 . BENGALURU METRO RAIL CORPORATION LTD.
(BMRCL), 3RD FLOOR,
BMTC COMPLEX, K.H. ROAD
SHANTHI NAGAR
BENGALURU-560 027
REPRESENTED BY ITS MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI. CHANDRASHEKAR P. V, ADV, FOR R1;
SMT. SAVITHRAMMA, AGA, FOR R2;
SRI. N.N.HARISH, ADV, FOR R3)
THIS MFA IS FILED U/S.54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 27.01.2024 PASSED IN LAC NO.115/2022 ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CCH-17 BY DIRECTING RESPONDENTS NO.1 AND 3 TO PAY, JOINTLY AND SEVERALLY, THE INTEREST AMOUNT DUE TOTALLY AMOUNTING TO RS.1,39,02,871/- WHICH WAS DENIED BY THE TRIAL COURT.
IN MFA NO.3116/2024:
BETWEEN:
1 . DR. KIRAN K. V.
S/O VENKATAPPA K. V.
AGED ABOUT 53 YEARS
2 . DR. SHILPA KIRAN
W/O DR. KIRAN K. V.
AGED ABOUT 49 YEARS
BOTH ARE RESIDING AT NO.89
2ND CROSS, PHASE-I
CLASSIC ORCHARDS LAYOUT
KALENA AGRAHARA
BANNERGHATTA ROAD
BENGALURU-560 076
...APPELLANTS
(BY SRI. RADHANANDAN B. S, ADV.)
AND:
1 . THE SEPCIAL LAND ACQUISITON OFFICER-2
METRO
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
1ST FLOOR, MAHARSHI ARAVIND BHAVAN
NRUPATUNGA ROAD
BENGALURU-560 010
2 . STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
BENGALURU SOUTH TALUK
KANDAYA BHAVAN
K.G. ROAD
BENGALURU-560 009
3 . BENGALURU METRO RAIL CORPORATION LTD
(BMRCL)
KARNATAKA INDUSTRIAL AREAS AND DEVELOPMENT
BOARD
...RESPONDENTS
(BY SRI. CHANDRASHEKAR P. V, ADV, FOR R1;
SMT. SAVITHRAMMA, AGA, FOR R2;
SRI. N.N.HARISH, ADV, FOR R3)
THIS MFA IS FILED U/S 54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 27.01.2024 PASSED IN LAC.NO.125/2022 ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, BENGALURU (CCH NO. 17) BY DIRECTING RESPONDENTS NO.1 AND 3 TO PAY, JOINTLY AND SEVERALLY, THE INTEREST AMOUNT DUE TOTALLY AMOUNTING TO RS.1,39,02,871/- WHICH WAS DENIED BY THE TRIAL COURT.
THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 27.03.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
HON'BLE MS. JUSTICE TARA VITASTA GANJU

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

MFA No.3138/2024, MFA No.2902/2024, MFA No.3038/2024 and MFA No.3116/2024 are filed against the Judgment and Award dated 27.01.2024 passed by the II Additional City Civil and Sessions Judge, at Bangalore (C.C.H.No.17) ('Reference Court' for short) praying to direct respondents No.1 and 3 to pay jointly and severally the interest amount due totally amounting to Rs.1,39,02,871/-.

2. We have heard Shri. Radhanandan B.S., learned counsel appearing for the appellants, Shri. P. V. Chandrashekar, learned counsel appearing for respondent No.1 - Karnataka Industrial Areas Development Board (‘KIADB’), Smt. Savithramma, learned Additional Government Advocate, appearing for respondent No.2 - State, Shri. N.N.Harish, learned counsel appearing for respondent No.3-Bangalore Metro Rail Corporation Limited (‘BMRCL’).

3. The appellants submit that they are the absolute owners of four residential house site properties bearing Sites No.19, 20, 25 and 26, each measuring East to West 40 ft. and North to South 30 ft., formed in Sy.No.87/2 of Kothanur Village, Uttarahalli Hobli, Bangalore South Taluk ('Scheduled Properties' for short), which were acquired for the benefit of BMRCL. The Preliminary Notification was issued on 08.10.2015, the Final Notification was issued on 22.02.2018 and possession was taken on 22.03.2018. On 27.07.2018, BMRCL issued a Package Compensation of Rs.1,48,35,073/- per site (inclusive of solatium and other statutory benefits) for payment under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short).

4. However, on account of a pending title dispute concerning the Scheduled Properties, payment of compensation by agreement under Section 29(2) of the KIAD Act was not concluded. The KIADB on 30.11.2018 passed a General Award of Rs.48,93,678/- per site under Section 29(3) of the KIAD Act read with the relevant provisions of the Land Acquisition Act, 1894. The appellants challenged the said Award in W.P.No.57160/2018 before this Court, originally seeking compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('2013 Act' for short). By Memo dated 12.12.2022, the appellants sought substitution of the Package Compensation in place of the General Award. By Order dated 12.12.2022 passed in W.P.No.57160/2018, the General Award was substituted by the Package Compensation of Rs.1,48,35,073/-, while recording the appellants' submission that they would not claim "enhancement of the package compensation with interest (if any on such enhanced compensation amount)".

5. The KIADB had earlier deposited Rs.39,14,942/- on 12.09.2022 towards the General Award. The balance of Rs.1,09,20,131/- was directed to be deposited within four weeks (on or before 09.01.2023). However, the KIADB failed to comply. A further direction was issued by this Court vide order dated 05.07.2024 granting four weeks from the date of issuance of the Order, and the KIADB once again failed to comply.

6. In the meantime, by Final Award dated 27.01.2024 in LACs No.102/2022, 107/2022, 115/2022 and 125/2022, the Reference Court declared the appellants are the absolute owners of the Scheduled Properties and held them entitled to the Package Compensation. The Reference Court also noted the Special Land Acquisition Officer (SLAO)-KIADB's failure to deposit the differential amount within the time stipulated by this Court and directed payment of interest on the undeposited balance amount at the rate prescribed by the RBI for Fixed Deposits in Nationalised Banks, from the expiry of the period fixed in W.P.No.57160/2018 till realisation. It was only thereafter, on 15.03.2025, that the KIADB deposited Rs.79,53,116/- against the balance of Rs.1,09,20,131/-. Aggrieved by the interest awarded by the Reference Court and by the non-compliance with the directions of this Court in W.P.No.57160/2018, the appellants are in appeal.

7. The le

Click Here to Read the rest of this document