Karnataka High Court
C .Omkarappa vs The Land Acquisition Officer on 7 August, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC:30798
MFA No. 3398 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.3398 OF 2022 (LAC)
BETWEEN:
C.OMKARAPPA
AGED ABOUT 52 YEARS,
S/O LATE CHIGATERAPPA
R/O R MALLAPURA VILLAGE,
RAMAGIRI HOBLI,
HOLALKERE TALUK,
CHITRADURGA DISTRICT,
PIN CODE - 577 539.
...APPELLANT
(BY SRI. CHIDAMBARA G.S, ADVOCATE)
AND:
Digitally 1. THE LAND ACQUISITION OFFICER
signed by AND ASSISTANT COMMISSIONER,
RAMYA D CHICKJAJUR HOSADURGA RAILWAY
Location: DOUBLING PROJECT,
HIGH COURT CHITRADURGA SUB DIVISION,
OF CHITRADURGA - 577 501.
KARNATAKA
2. BENEFICIARY DEPARTMENT
CHIEF ENGINEER NORTH CONSTRUCTION
SOUTH WESTERN RAILWAY,
NO.18,MILLERS ROAD
BENGALURU - 560 001
...RESPONDENTS
(BY SMT. MADHAVI.R, ADVOCATE FOR R2;
R1 IS SERVED)
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NC: 2025:KHC:30798
MFA No. 3398 of 2022
HC-KAR
THIS MFA FILED U/S.74 OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST
THE JUDGMENT AND AWARD DT.04.01.2022 PASSED IN LAC
NO.125/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE, CHITRADURGA, PARTLY ALLOWING
THE REFERENCE PETITION U/S.64(1) OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
Though the appeal is listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal.
2. This appeal is filed by the appellant/claimant questioning the order dated 04.01.2022 passed in LAC No.125/2018 on the file of I Additional District and Sessions Judge, Chitradurga1 seeking enhancement of compensation.
3. It is the case of the claimant that the claimant is the owner of 16 guntas of land out of a total of 02 acre 1 hereinafter referred to as 'the Reference Court' for short -3- NC: 2025:KHC:30798 MFA No. 3398 of 2022 HC-KAR 10 guntas of land bearing Sy.No.23/2 situated at R. Mallapura village, Ramagiri Hobli, Holalkere Taluk and out of which, the respondents have acquired 31 guntas of land for the purpose of formation of railway doubling lane between Chikkajajur-Hosadurga under preliminary notification dated 24.10.2013 and final notification dated 04.06.2015.
4. The claimant/appellant being aggrieved by his share of 16 guntas of land only for seeking enhancement, has filed the present appeal. Therefore, the claimant/appellant is restricting his claim only so far as 16 guntas of land.
5. The Special Land Acquisition Officer (for short SLAO) has determined the compensation of Rs.3,832.725 per gunta. Upon reference, the Reference Court has enhanced the compensation of Rs.7,175/- per gunta. Still being aggrieved, the claimant/appellant has preferred the present appeal for seeking enhancement of compensation. -4-
NC: 2025:KHC:30798 MFA No. 3398 of 2022 HC-KAR
6. Learned counsel for the appellant/claimant submitted that in respect of other neighboring lands in neighboring villages under the same notifications and for the very same project of doubling the railway lane between Chickkajajur-Hosadurga, the land owners have been given compensation of Rs.25,000/- per gunta in LAC Nos.28/2018 and 206/2017. Also, in respect of the land owners whose land was also acquired under the said notification and for the very same project, the Reference Court has awarded compensation of Rs.18,750/- per gunta in LAC No.1/2018. Therefore, submitted that the claimant/appellant in the present appeal is also standing on the same platform as that of other land owners who are in LAC No.206/2017 and LAC No.1 and 28 of 2018. Therefore, prays to enhance the compensation on parity.
7. Learned counsel for the claimant/appellant has filed I.A.No.1/2022 under Order XLI Rule 27 read with Section 151 of CPC for production of additional evidence of the original certificate dated 29.03.2022 issued by the -5- NC: 2025:KHC:30798 MFA No. 3398 of 2022 HC-KAR Assistant Executive Engineer, Public Works Department, Holalkere and the judgment and award passed in LAC Nos.1 and 206 of 2017 dated 31.08.2021 and LAC No.28/2018 dated 04.09.2021.
8. Upon considering the facts in three cases, the lands were acquired for the very same project under the very same notifications as involved in the present appeal, but only the villages are different. In the present case on hand, the claimant/appellant's land is near Ramagiri Hobli. The lands situated in all three cases come within the jurisdiction of Ramagiri Hobli; the very same Reference Court has determined the compensation of Rs.25,000/- and 18,750/- per gunta in the above said three LAC cases by the very same proceedings, but in the case on hand, the appellant/claimant was awarded only Rs.7,175/- per gunta. There is no reason for the discrimination in passing award where the land owners are standing on the same footing.
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NC: 2025:KHC:30798 MFA No. 3398 of 2022 HC-KAR
9. Therefore, when the claimant/appellant's land is also situated in the same Ramagiri Hobli as that of other land owners in the other three LAC cases and the lands of all the land owners were acquired for the very same project of doubling of Railway lane Chikkajajur-Hosadurga under the same notifications, the appellant/claimant in this case is also entitled to the compensation at the same rate as that of other land owners. In above said three LAC cases, the highest amount of compensation awarded of Rs.25,000/- and the lowest is Rs.18,750/-. Hence, by taking the mean of these two factors, which would came to Rs.21,875/- per gunta. Therefore, the appellant/claimant is entitled a compensation of Rs.21,875/- per gunta with all statutory benefits and interest excluding interest for the delayed period, if any. Hence, the appeal is liable to be allowed.
10. In the result, I proceed to pass the following: -7-
NC: 2025:KHC:30798 MFA No. 3398 of 2022 HC-KAR ORDER i. The appeal is allowed.
ii. The judgment and award dated 04.01.2022 passed in LAC No.125/2018 on the file of I Additional District and Sessions Judge, Chitradurga stands modified. iii. The claimant/appellant is entitled to compensation of Rs.21,875/- with all statutory benefits and interest, excluding interest for the delayed period, if any. iv. I.A.No.1/2022 filed for production of additional evidence is allowed. v. Draw modified award accordingly.
vi. No order as to costs.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA
List No.: 1 Sl No.: 31