Karnataka High Court
Bangalore Metro Rail Corporation ... vs Sri C Munireddy on 18 September, 2025
-1-
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCELLANEOUS FIRST APPEAL NO. 7804 OF 2023 (LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 6866 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 6893 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 6943 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 6945 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 6969 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 6970 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 6991 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 6992 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 6998 OF 2023
Digitally signed MISCELLANEOUS FIRST APPEAL NO. 6999 OF 2023
by PANKAJA S
Location: HIGH MISCELLANEOUS FIRST APPEAL NO. 7002 OF 2023
COURT OF
KARNATAKA MISCELLANEOUS FIRST APPEAL NO. 7014 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 7794 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 7797 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 7803 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 7808 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 7813 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 7819 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 7837 OF 2023
-2-
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
MISCELLANEOUS FIRST APPEAL NO. 7846 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 7850 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 8524 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 8525 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 8806 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 8812 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 8814 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 8820 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 8838 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 8839 OF 2023
IN MFA No. 7804/2023
BETWEEN:
SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
1ST FLOOR, MAHARSHI ARAVINDA BHAVAN,
NRUPATHUNGA ROAD,
BENGALURU -560 001.
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
AND:
1. SRI S C GOKARNA
S/O LATE CHANREGOWDA,
AGED ABOUT 67 YEARS,
R/AT KOTHANUR VILLAGE,
BENGALURU.
NO.006, RAHEJA CHAMBERS,
MUSEUM ROAD,
BANGALORE -560 001.
2. STATE OF KARNATAKA
REP BY TAHSILDAR
-3-
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
BENGALURU SOUTH TALUK,
KANDAYA BHAVAN,
K.G.ROAD,
BENGALURU-560 009.
3. BANGALORE METRO RAIL CORPORATION LIMITED
(BMRCL), 3RD FLOOR,
BMTC COMPLEX,
K.H.ROAD SHANTHI NAGARA,
BENGALURU-560 027.
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, JUDGMENT AND AWARD DATED 09.08.2023 PASSED IN
LAC NO. 130/2022 ON THE FILE OF THE IIND ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(C.C.H.NO.17) PRAYING TO SET ASIDE THE MODIFIED THE
JUDGMENT DATED 12.07.2023 WHICH IS MODIFIED ORDER
DATED 09.08.2023 IN REVIEW PETITION NO. 22/2023 IN
SOFAR AS THE DIRECTING THE APPELLANT TO PAY INTEREST
TO THE 1ST RESPONDENT AT 9 PERCENT ON THE BALANCE
AMOUNT DEPOSITED ON 21.04.2023 AND 20 PERCENT TDS
FROM THE DATE OF AWARD TILL DT. 20.04.2023.
IN MFA NO. 6866/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATION LIMTIED
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BANAGALORE - 560 027
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN H U.,ADVOCATE)
-4-
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
AND:
1. SRI GOKARNA S C
SON OF LATE CHANDREGOWDA,
AGED MAJOR,
NO. 006, RAHEJA CHAMBERS,
MUSEUM ROAD,
BANGALORE - 560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT,
BOARD (METRO RAIL PROJECT)
14/3, 2ND FLOOR
R.P. BUILDING,
NRUPATHUNGA ROAD,..
3. THE STATE OF KARNATAKA
REVENUE DEPARTMENT,
DR. B.R. AMBEDKAR BEEDI,
BENGALURU - 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
...RESPONDENTS
(BY SRI. AJAY.J. NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B. PATIL, ADVOCATE FOR R-2)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, PRAYING TO SET ASIDE THE PORTION OF THE
JUDGMENT AND AWARD DATED 12.07.2023 PASSED IN LAC
NO.89/2022 (RP NO.22/23) (ANNEXURE- A AND ANNEXURE- B)
AS MODIFIED UNDER THE IMPUGNED ORDER AND AWARD
DT.09.08.2023 IN REVIEW PETITION NO.22/2023 (ANNEXURE-
C AND C1) PASSED BY THE II ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CCH.NO.17.
-5-
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
IN MFA NO. 6893/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATION LIMITED
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BANGALORE - 560027
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN.H.U, ADVOCATE)
AND:
1. SRI GOKARNA S C
S/O LATE CHANDREGOWDA
AGED MAJOR
NO.006, RAHEJA CHAMBERS
MUSEUM ROAD, BANGALORE - 560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
(METRO RAIL PROJECT)
14/3, 2ND FLOOR,
R.P.BUILDING, NRUPATHUNGA ROAD.
3. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
DR. B.R. AMBEDKAR BEEDI,
BENGALURU - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B. PATIL, ADVOCATE FOR R-2)
-6-
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.07.2023
PASSED IN LAC.NO. 75/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH NO. 17), ALLOWING THE REFERENCE PETITION FILED
UNDER SECTION 30 AND 31(2) OF THE LAND ACQUISITION
ACT.
IN MFA NO. 6943/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATION LIMITED
3RD FLOOR, BMTC COMPLEX,
K H ROAD
SHANTHINAGAR
BANGALORE -560 027.
REP. BY ITS GENERAL MANAGER
MT. M MOHAMOOD.
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN.H.U, ADVOCATE)
AND:
1. SRI GOKARNA S C
SON OF LATE CHANDREGOWDA
AGED 45 YEARS.
NO 006, RAHEJA CHAMBERS
MUSEUM ROAD
BANGLAORE - 560 001.
2. THE SPECIAL LAND ACQUISTION OFFICER -2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
(METRO RAIL PROJECT)
14/3, 2ND FLOOR, R P BUILDING
NRUPATHUNG ROAD
BENGALURU -560 001.
-7-
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
3. THE STATE OF KARNATAKA
TAHASILDAR,
BENGALURU SOUTH TALUK,
KANDAYA BHAVAN K G ROAD
BENGALURU - 560 009.
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B. PATIL, ADVOCATE FOR R-2)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND DECREE DATED
12.07.2023 PASSED IN LAC NO.114/2022 ON THE FILE OF THE
II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH NO. 17), ALLOWING THE REFERENCE
PETITION U/S.30 AND 31(2) OF THE LAND ACQUISITION ACT.
IN MFA NO. 6945/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATION LIMITED
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BANGALORE - 560 027.
REPRESENTED BY
ITS GENERAL MANAGER
M.R.MOHAMOOD.
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI VACHAN H U.,ADVOCATE)
AND:
1. SRI C MUNIREDDY
SON OF LATE CHANNAPPA,
AGED 67 YEARS,
RESIDING AT NO.2,
NEXT TO GOVERNMENT HOSPITAL,
ARAKERE, IIM POST,
-8-
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
BANNERUGHATTA ROAD,
BANGALORE - 560 078.
2. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT,
BOARD (METRO RAIL PROJECT)
14/3, 2ND FLOOR, R.P. BUILDING,
NRUPATHUNGA ROAD,.
BANGALORE - 560 001.
3. THE STATE OF KARNATAKA
REP BY TAHSILDAR
BENGALURU SOUTH TALUK,
KANDAYA BHAVVAN, K G ROAD,
BENGALURU-560009
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B.PATIL, ADVOCATE FOR R-2)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND DECREE DATED
12.07.2023 PASSED IN LAC NO.79/2022 ON THE FILE OF THE
II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH NO. 17), ALLOWING THE REFERENCE
PETITION U/S.30 AND 31(2) OF THE LAND ACQUISITION ACT.
IN MFA NO. 6969/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATON LIMITED
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BANGALORE - 560 027.
REPRESENTED BY GENERAL MANAGER
MR. M MOHAMMED.
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN.H.U, ADVOCATE)
-9-
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
AND:
1. SRI C MUNIREDDY
SON OF LATE CHANNAPPA,
AGED 67 YEARS,
RESIDING AT NO.2,
NEXT TO GOVERNMENT HOSPITAL
ARAKERE, IIM POST, BANNERUGHATTA ROAD,
BANGALORE - 560 078.
2. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD (METRO RAIL PROJECT)
14/3, 2ND FLOOR, R.P. BUILDING,
NRUPATHUNGA ROAD,
BANGALORE - 560 001.
3. THE STATE OF KARNATAKA
THAHASILDAR,
BENGALURU SOUTH TALUK,
KUNDAYA BHAVAN,
K G ROAD,
BENGALURU 560009
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B.PATIL, ADVOCATE FOR R-2)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DT.12.07.2023
PASSED IN LAC NO.65/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH-17), PARTLY ALLOWING THE REFERENCE U/S.30 AND
31(2) OF LAND ACQUISITION ACT, 1894.
- 10 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
IN MFA NO. 6970/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATION LIMITED(BMRCL)
LIMITED 3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BANGALORE - 560027
REPRESENTED BY TIS GENERAL MANAGER ( A AND E)
M. HOMAMOOD.
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN H U.,ADVOCATE)
AND:
1. SRI C MUNIREDDY
S/O LATE CHANNAPPA
AGED 67 YEARS
R/AT NO.NO.2, NEXT TO GOVERNMENT HOSPITAL
ARAKERE, IIM POST, BANNERUGHATTA ROAD
BANGALORE - 560 078.
2. THE SPECIAL LAND ACQUISITION OFFICER -2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
(METRO RAIL PROJECT)
14/3, 2ND FLOOR, R.P.BUILDING,
NRUPATHUNGA ROAD,
BENGALURU -560 001.
3. THE STATE OF KARNATAKA
REPRESENTED BY THASILDAR,
BENGALURU SOUTH TALUKA,
KANDAYA BHAVAN, K.G. ROAD,
BENGALURU - 560 009.
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B.PATIL, ADVOCATE FOR R-2)
- 11 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DT.12.07.2023
PASSED IN LAC NO.63/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH-17), ALLOWING THE REFERENCE U/S.30 AND 31(2) OF
LAND ACQUISITION ACT.
IN MFA NO. 6991/2023
BETWEEN:
MR. S C GOKARNA
S/O LATE CHANDREGOWDA S.M
AGED ABOUT 68 YEARS,
006, RAHEJA CHAMBERS
MUSEUM ROAD,
BANGALORE-560001.
...APPELLANT
(BY SRI. AJAY.N.NANDALIKE, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISTION OFFICER-02
KIADB, 1ST FLOOR,
MAHARSHI ARAVIND BHAVAN,
NRUPATHUNGA ROAD,
BANGALORE-560 001.
2. STATE OF KARNATAKA
REPRESENTED BY TAHSILDAR
BANGALORE SOUTH TALUK,
KANDAYA BHAVAN,
K.G. ROAD, BANGALORE-9.
3. BANGALORE METRO RAIL CORPORATION LTD (BMRCL)
3RD FLOOR, BMTC COMPLEX,
K.H ROAD, SHANTHINAGAR,
BANGLAORE-560 027.
BY ITS GENERAL MANAGER.
- 12 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
...RESPONDENTS
(BY SRI. B.B.PATIL, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.07.2023
AND MODIFIED AWARD DT. 09.08.2023 PASSED IN LAC NO.
114/2022 ON THE FILE OF THE II ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CCH.17, ALLOWING THE
REFERENCE PETITION U/S.30 AND 31(2) OF LAND
ACQUISITION ACT.
IN MFA NO. 6992/2023
BETWEEN:
C MUNIREDDY
S/O LATE CHANNAPPA
AGED ABOUT 74 YEARS,
NO. 2 NEXT TO GOVT HOSPITAL
ARAKERE II M POST,
BANNERGHATTA ROAD,
BANGALORE 560 078.
...APPELLANT
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER -02
KIADB , 1st FLOOR,
MAHARSHI ARAVIND BHAVAN
NRUPATHUNGA ROAD,
BANGALORE 560001
2. STATE OF KARNATAKA
REPRESENTED BY TAHSILDAR
BANGALORE SOUTH TALUK
KANDAYA BHAVAN, K G ROAD
BANGALORE 09.
- 13 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
3. BANGALORE METRO RAIL CORPORATION LTD., (BMRCL)
3rd FLOOR B MTC COMPLEX,K H ROAD,
SHANTINGAR BANGALORE 5600027
BY ITS GENERAL MANAGER.
...RESPONDENTS
(BY SRI. B B PATIL.,ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.07.2023
PASSED IN LAC.NO. 62/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH NO. 17), ALLOWING THE REFERENCE PETITION FILED
UNDER SECTION 30 AND 31(2) OF THE LAND ACQUISITION
ACT.
IN MFA NO. 6998/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATION LIMITED (BMRCC)
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BANGALORE - 560 027.
REPRESENTED BY ITS
GENERAL MANAGER LA AND E,
M MOHAMOOD
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN H U.,ADVOCATE)
- 14 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
AND:
1. SRI C MUNIREDDY
SON OF LATE CHANNAPPA,
AGED 67 YEARS,
RESIDING AT BO.2,
NEXT TO GOVERNMENT HOSPITAL
ARAKRE, IIM POST,
BANNERUGHATTA ROAD,
BANGALORE - 560 078.
2. THE SPECIAL LAND ACQUISITION OFFICER - 2
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD (METRO RAIL PROJECT)
14/3, 2ND FLOOR, R.P. BUILDING,
NRUPATHUNGA ROAD.
3. THE STATE OF KARNATAKA
REPT BY TAHSILDAR,
BENGALURU SOUTH TALUKA,
KANDAYA BHAVAN K G ROAD,
BENGALURU-560 009.
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B.PATIL, ADVOCATE FOR R-2)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DT.12.07.2023
PASSED IN LAC NO.77/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH NO.17), PARTLY ALLOWING THE REFERENCE U/S.30 AND
31(2) OF LAND ACQUISITION ACT, 1894.
- 15 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
IN MFA NO. 6999/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATION LIMITED
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BANGALORE - 560 027.
REPRESENTED BY GENERAL MANAGER
(LA&E)- M.MOHAMOOD.
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN H U.,ADVOCATE)
AND:
1. SRI GOKARNA S C
S/O LATE CHANDREGOWDA
AGED MAJOR
NO 006, RAHEJA CHAMBERS
MUSEUM ROAD
BANGALORE - 560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER 2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD (METRO RAIL PROJECT)
14/3, 2ND FLOOR, R P BUILDING,
NRUPATHUNGA ROAD.
3. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
DR B R AMBEDKAR BEEDI,
BENGALURU -560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B. PATIL, ADVOCATE FOR R-2)
- 16 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.07.2023
PASSED IN LAC NO.130/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CCH.NO.17, IN REVIEW PETITION NO. 20/2023, ALLOWING
THE REFERENCE PETITION U/S.30 AND 31(2) OF THE LAND
ACQUISITION ACT.
IN MFA NO. 7002/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATION LIMITED
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BANGALORE - 560 027.
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN H U.,ADVOCATE)
AND:
1. SRI GOKARNA S C
SON OF LATE CHANDREGOWDA,
AGED MAJOR, KOTHANUR VILLAGE
BENGALURU.
NO 006, RAHEJA CHAMBERS,
MUSEUM ROAD,
BANGALORE 560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER 2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD(METRO RAIL PROJECT)
14/3, 2ND FLOOR, R P BUILDING,
NRUPATHUNGA ROAD
BENGALURU - 560 001.
3. THE STATE OF KARNATAKA
REVENUE DEPARTMENT,
DR B R AMBEDKAR BEEDI,
BENGALURU 560001
- 17 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
4. SMT. SUSHEELA
D/O LATE VENKATARAJU
W/O SRI. BOMMARAJU.N
AGED ABOUT 59 YEARS
R/AT NO.9, MOORTHAPPA GARDEN
SARAKKI KERE, 18TH CROSS
27TH MAIN, J.P.NAGAR, 6 TH PHASE
BENGALURU - 560 078.
...RESPONDENTS
(BY SRI. RAKESH REDDY, ADVOCATE FOR C/R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B. PATIL, ADVOCATE FOR R-2
(SMT. M.S.LOLITHA, ADVOCATE FOR
SRI. HARISH.H.V., ADVOCATE FOR PROPOSED
IMPLEADING APPLICANT R-4)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DT.12.07.2023
PASSED IN LAC NO.64/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL JUDGE AND SESSIONS JUDGE,
BENGALURU, (CCH NO.17), ALLOWING THE REFERENCE
U/S.30 AND 31(2) OF LAND ACQUISITION ACT.
IN MFA NO. 7014/2023
BETWEEN:
BANGALORE METRO RAIL CORPORATION LIMITED
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BENGALURU 560027
...APPELLANT
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE A/W
SRI. VACHAN H U.,ADVOCATE)
- 18 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
AND:
1. SRI C MUNIREDDY
S/O LATE CHANNAPPA
AGED 67 YEARS
RESIDING AT BO 2,
NEXT TO GOVERNMENT HOSPITAL
ARAKERE, IIM POST,
BANNERUGHATTA ROAD
BANGALORE - 560 078.
2. THE SPECIAL LAND ACQUISITION OFFICER 2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD (METRO RAIL PROJECT)
14/3, 2ND FLOOR, R P BUILDING,
NRUPATHUNGA ROAD.
3. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
DR B R AMBEDKAR BEEDI,
BENGALURU 5600 01
REPRESENTED BY ITS
PRINCIPAL SECRETARY
...RESPONDENTS
(BY SRI. RAKESH REDDY, ADVOCATE FOR C/R-1
SMT. MAMATHA SHETTY, AGA FOR R-3
SRI. B.B. PATIL, ADVOCATE FOR R-2)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.07.2023
PASSED IN LAC.NO. 62/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH NO. 17), ALLOWING THE REFERENCE PETITION FILED
UNDER SECTION 30 AND 31(2) OF THE LAND ACQUISITION
ACT.
- 19 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
IN MFA NO. 7794/2023
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER- 2
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
1ST FLOOR, MAHARSHI ARAVIND BHAVAN
NRUPATHUNGA ROAD
BANGALORE-560 001
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
AND:
1. SRI C MUNIREDDY
S/O LATE CHANNAPPA
AGED ABOUT 67 YEARS
R/A NO.2 NEXT TO GOVERNMENT HOSPITAL
ARAKERE IIM POST
BANNERGHATTA ROAD
BANGALORE -560 078.
2. STATE OF KARNATAKA
REP BY TAHSILDAR
BENGALURU SOUTH TALUK
KANDAYA BHAVAN, K G ROAD
BANGALORE-560 009.
3. BANGALORE METRO RAIL CORPORATION LTD(BMRCL)
3RD FLOOR, BMTC COMPLEX
K H ROAD, SHANTI NAGARA
BENGALURU - 560 027.
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
- 20 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, JUDGMENT AND AWARD DATED 12.07.2023 PASSED IN
LAC NO. 77/2022 ON THE FILE OF THE IIND ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, (C.C.H.NO.17),
PRAYING TO SET ASIDE THE MODIFIED THE JUDGMENT DATED
12.07.2023 WHICH WAS MODIFIED ORDER DATED 09.08.2023
IN REVIEW PETITION NO. 25/2023 INSOFAR AS THE
DIRECTING THE APPELLANT TO PAY INTEREST TO THE
RESPONDENT NO. 1 AT 9 PERCENT ON THE BALANCE AMOUNT
DEPOSITED ON 21.04.2023 AND 20 PERCENT TDS FROM THE
DATE OF AWARD TILL DT. 20.04.2023.
IN MFA NO. 7797/2023
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
1ST FLOOR MAHARSHI ARAVINDA BHAVAN,
NRUPATUNGA ROAD
BANGALORE - 560 001.
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
AND:
1. SRI S C GOKARNA
S/O LATE CHANDREGOWDA,
AGED ABOUT 67 YEARS,
R/AT KOTHANUR VILLAGE,
BENGALURU
NO 006, RAHEJA CHAMBERS,
MUSEUM ROAD,
BANGALORE - 560 001.
2. STATE OF KARNATAKA
REP BY TAHSILDAR
BENGALURU SOUTH TALUK,
KANDAYA BHAVAN , K G ROAD,
BANGALORE - 560 009.
- 21 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
3. BANGALORE METRO RAIL CORPORATION LTD
(BMRCL) 3RD FLOOR,
BMTC COMPLEX K H ROAD
SHANTI NAGARA
BENGALURU - 560 027.
...RESPONDENTS
(BY SRI. AJAY.J. NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANAJAY JOSHI, SENIOR ADVOCATE
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD PASSED IN LAC
NO.75/2022 ON THE FILE OF THE II ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, (CCH-17), PRAYING TO
SET ASIDE THE MODIFIED THE JUDGMENT DT.12.07.2023
WHICH WAS MODIFIED VIDE JUDGMENT DT.09.08.2023 IN
REVIEW PETITION NO.19/2023 ARISING OUT OF INSOFAR AS
THE DIRECTING THE APPELLANT TO PAY INTEREST TO THE
RESPONDENT NO.1 AT 9 PERCENT ON THE BALANCE AMOUNT
DEPOSITED ON 21.04.2023 AND 20 PERCENT TDS FROM THE
DATE OF AWARD TILL DT.20.04.2023.
IN MFA NO. 7803/2023
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER- 2
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
1ST FLOOR MAHARSHI ARAVINDA BHAVAN
NRUPATUNGA ROAD
BANGALORE 560001
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
- 22 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
AND:
1. SRI C MUNIREDDY
S/O LATE CHANNAPPA
AGED ABOUT 67 YEARS
R/AT NO 2 NEXT TO GOVERNMENT HOSPITAL
ARAKERE, IIM POST
BANNERGHATTA ROAD
BANGALORE - 560 078.
2. STATE OF KARNATAKA
REP BY TAHSILDAR BENGALURU SOUTH TALUK
KANDAYA BHAVAN K G ROAD
BANGALORE - 560 009.
3. BANGALORE METRO RAIL CORPORATION LTD
(BMRCL) 3RD FLOOR, BMTC COMPLEX,
K H ROAD SHANTI NAGARA
BENGALURU 560 027.
...RESPONDENTS
(BY SRI. AJAY J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADOVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR C/R-3)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DT.12.07.2023
PASSED IN LAC NO.65/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH-17), PRAYING TO SET ASIDE THE MODIFIED ORDER
DT.09.08.2023 IN REVIEW PETITION NO.24/2023 INSOFAR AS
THE DIRECTING THE APPELLANT TO PAY INTEREST TO THE
RESPONDENT NO.1 AT 9 PERCENT ON THE BALANCE AMOUNT
DEPOSITED ON 21.04.2023 AND 20 PERCENT TDS FROM THE
DATE OF AWARD TILL DT.20.04.2023.
- 23 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
IN MFA NO. 7808/2023
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
1ST FLOOR MAHARSHI ARAVINDA BHAVAN,
NRUPATUNGA ROAD
BANGALORE - 560 001.
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
AND:
1. SRI S C GOKARNA
S/O LATE CHANDREGOWDA,
AGED ABOUT 67 YEARS,
R/AT KOTHANUR VILLAGE,
BENGALURU
NO 006, RAHEJA CHAMBERS,
MUSEUM ROAD,
BANGALORE - 560 001.
2. STATE OF KARNATAKA
REP BY TAHSILDAR BENGALURU SOUTH TALUK,
KANDAYA BHAVAN K G ROAD,
BANGALORE - 560 009.
3. BANGALORE METRO RAIL CORPORATION LTD
(BMRCL), 3RD FLOOR, BMTC COMPLEX
K H ROAD SHANTI NAGARA
BENGALURU - 560 027.
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
- 24 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, JUDGMENT AND AWARD DATED 09.08.2023 PASSED IN
LAC NO. 64/2022 ON THE FILE OF THE IIND ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, (C.C.H.NO.17),
PRAYING TO SET ASIDE THE MODIFIED THE JUDGMENT DATED
12.07.2023 WHICH WAS MODIFIED ORDER DATED
09.08.2023 IN REVIEW PETITION NO. 18/2023 IN SOFAR AS
THE DIRECTING THE APPELLANT TO PAY INTEREST TO THE
RESPONDENT NO.1 AT 9 PERCENT ON THE BALANCE AMOUNT
DEPOSITED ON 21.04.2023 AND 20 PERCENT TDS FROM THE
DATE OF AWARD TILL DT. 20.04.2023.
IN MFA NO. 7813/2023
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
1ST FLOOR MAHARSHI ARAVINDA BHAVAN,
NRUPATUNGA ROAD
BANGALORE - 560 001
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
AND:
1. SRI C MUNIREDDY
S/O LATE CHANNAPPA
AGED ABOUT 67 YEARS,
R/AT NO. 2 NEXT TO GOVERNMENT HOSPITAL
ARAKERE, IIM POST,
BANNERGHATTA ROAD,
BANGALORE - 560 078.
2. STATE OF KARNATAKA
REP BY TAHSILDAR
BENGALURU SOUTH TALUK
KANDAYA BHAVAN K G ROAD,
BANGALORE - 560 009.
- 25 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
3. BANGALORE METRO RAIL CORPORATION LTD
(BMRCL) 3RD FLOOR, BMTC COMPLEX
K H ROAD, SHANTI NAGARA
BENGALURU - 560 027.
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DT.09.08.2023
PASSED IN LAC NO.63/2022 JUDGMENT DT. 12.07.2023
WHICH WAS MODIFIED VIDE ORDER DT.09.08.2023 IN
REVIEW PETITION NO.23/2023 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH-17), PARTLY ALLOWING THE REVIEW PETITION FILED
BY THE PETITIONER AND DIRECTING TO PAY INTEREST TO
THE CLAIMANT AT 9 PERCENT ON THE BALANCE AMOUNT
DEPOSITED ON 21.04.2023 AND 20 PERCENT TDS KEPTWITH
THEM FROM THE DATE OF AWARD TILL 20.04.2023.
IN MFA NO. 7819/2023
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
1ST FLOOR, MAHARSHI ARAVINDA BHAVAN,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
AND:
1. SRI S C GOKARNA
S/O LATE CHANDREGOWDA,
AGED ABOUT 67 YEARS,
R/AT KOTHANUR VILLAGE,
BENGALURU,
- 26 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
NO.006, RAHEJA CHAMBERS,
MUSEUM ROAD, BANGALORE-560 001.
2. STATE OF KARNATAKA
REP BY TAHSILDAR,BENGALURU SOUTH TALUK,
KANDAYA BHAVAN, K.G.ROAD,
BANGALORE-560 009.
3. BANGALORE METRO RAIL CORPORATION LTD
(BMRCL), 3RD FLOOR,
BMTC COMPLEX, K.H.ROAD,
SHANTI NAGARA,
BENGALURU-560 027.
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD PASSED IN LAC
NO.114/2022 JUDGMENT DT. 12.07.2023 WHICH WAS
MODIFIED VIDE ORDER DT.09.08.2023 IN REVIEW PETITION
NO.21/2023 ON THE FILE OF THE II ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, (CCH-17), DIRECTING TO
PAY INTEREST TO THE CLAIMANT AT 9 PERCENT ON THE
BALANCE AMOUNT DEPOSITED ON 21.04.2023 AND 20
PERCENT TDS KEPTWITH THEM FROM THE DATE OF AWARD
TILL 20.04.2023.
IN MFA NO. 7837/2023
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
1ST FLOOR MAHARSHI ARAVINDA BHAVAN,
NRUPATUNGA ROAD
BANGALORE - 560 001.
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
- 27 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
AND:
1. SRI C MUNIREDDY
S/O LATE CHANNAPPA,
AGED ABOUT 67 YEARS,
R/AT NO 2, NEXT TO GOVERNMENT HOSPITAL
ARAKERE, IIM POST,
BANNERGHATTA ROAD,
BANGALORE 560 078.
2. STATE OF KARNATAKA
REP BY TAHSILDAR BENGALURU SOUTH TALUK,
KANDAYA BHAVAN, K G ROAD,
BANGALORE - 560 009.
3. BANGALORE METRO RAIL CORPORATION LTD
(BMRCL) 3RD FLOOR, BMTC COMPLEX
K H ROAD, SHANTI NAGARA
BENGALURU - 560027.
...RESPONDENTS
(BY SRI.AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED:
12.07.2023 PASSED IN LAC.NO. 62/2022 A/W R P.NO.17/2023
ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, (CCH-17), PRAYING TO SET
ASIDE THE MODIFIED THE AWARD AND DECREE DATED
09.08.2023 WHICH WAS MODIFIED VIDE ORDER DATED
09.08.2023 IN REVIEW PETITION NO. 17/2023 IN SOFAR AS
DIRECTING THE APPELLANT TO PAY INTEREST TO THE
RESPONDENT NO. 1 AT 9 PERCENT ON THE BALANCE AMOUNT
DEPOSITED ON 21.04.2023 AND 20 PERCENT TDS FROM THE
DATE OF AWARD TILL DT 20.04.2023
- 28 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
IN MFA NO. 7846/2023
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
1ST FLOOR, MAHARSHI ARAVIND BHAVAN
NRUPATHUNGA ROAD
BANGALORE-560 001.
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
AND:
1. SRI C MUNIREDDY
S/O LATE CHANNAPPA
AGED ABOUT 67 YEARS
R/A NO.2, NEXT TO GOVERNMENT HOSPITAL
ARAKERE, IIM POST
BANNERGHATTA ROAD
BANGALORE-560 078.
2. STATE OF KARNATAKA
REP BY TAHSILDAR
BENGALURU SOUTH TALUK
KANDAYA BHAVAN, K G ROAD
BANGALORE-560 009.
3. BANGALORE METRO RAIL CORPORATION LTD (BMRCL)
3RD FLOOR, BMTC COMPLEX,
K H ROAD
SHANTI NAGAR
BENGALURU-560 027
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
- 29 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DT.12.07.2023
PASSED IN LAC NO.79/2022 ON THE FILE OF THE II
ADDITIONAL PRL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, (CCH-17), PRAYING TO SET ASIDE THE
MODIFIED AWARD IN LAC NO.79/2022 JUDGMENT
DT.12.07.2023 WHICH WAS MODIFIED VIDE ORDER
DT.09.08.2023 IN REVIEW PETITION NO.23/2023 IN SOFAR AS
THE DIRECTING THE APPELLANT TO PAY INTEREST TO THE
RESPONDENT NO.1 AT 9 PERCENT ON THE BALANCE AMOUNT
DEPOSITED ON 21.04.2023 AND 20 PERCENT TDS FROM THE
DATE OF AWARD TILL 20.04.2023.
IN MFA NO. 7850/2023
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
1ST FLOOR, MAHARSHI ARAVIND BHAVAN
NRUPATHUNGA ROAD
BANGALORE-560 001.
...APPELLANT
(BY SRI. B B PATIL.,ADVOCATE)
AND:
1. SRI S C GOKARNA
S/O LATE CHANDREGOWDA
AGED ABOUT 67 YEARS
R/A KOTHANUR VILLAGE
BENGALURU
006, RAHEJA CHAMBERS
MUSEUM ROAD
BANGALORE-560 001.
2. STATE OF KARNATAKA
REP BY TAHSILDAR
BENGALURU SOUTH TALUK
KANDAYA BHAVAN, K G ROAD
BANGALORE-560 009.
- 30 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
3. BANGALORE METRO RAIL CORPORATION LTD
(BMRCL), 3RD FLOOR, BMTC COMPLEX
K H ROAD, SHANTI NAGARA
...RESPONDENTS
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DT.09.08.2023 PASSED
IN LAC NO.89/2022 JUDGMENT DT. 12.07.2023 WHICH WAS
MODIFIED VIDE ORDER DT.09.08.2023 IN REVIEW PETITION
NO.20/2023 ON THE FILE OF THE II ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, (CCH-17), PARTLY
ALLOWING THE REVIEW PETITION FILED BY THE PETITIONER
AND DIRECTING TO PAY INTEREST TO THE CLAIMANT AT 9
PERCENT ON THE BALANCE AMOUNT DEPOSITED ON
21.04.2023 AND 20 PERCENT TDS KEPT WITH THEM FROM THE
DATE OF AWARD TILL 20.04.2023.
IN MFA NO. 8524/2023
BETWEEN:
S C GOKARNA
S/O LATE CHANDREGOWDA S.M.,
AGED ABOUT 68 YEARS,
006, RAHEJA CHAMBERS
MUSEUM ROAD,
BANGALORE - 560 001.
...APPELLANT
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE)
- 31 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
1ST FLOOR, MAHARSHI ARAVIND BHAVAN,
NRUPATUNGA ROAD,
BANGALORE - 560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY TAHSILDAR
BANGALORE SOUTH TALUK
KANDAYA BHAVAN,
KG ROAD, BANGALORE - 560 009.
3. BANGALORE METRO RAIL CORPORATION
CORPORATION LTD (BMRCL)
3RD FLOOR, BMTC COMPLEX,
K.H.ROAD, SHANTHINAGAR,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. B.B.PATIL, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, DATED 12.07.2023 PASSED IN LAC NO.64/2022 ON THE
FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (C.C.H.NO.17), ALLOWING THE
REFERENCE PETITION U/S.30 AND 31(2) OF LAND
ACQUISITION ACT.
- 32 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
IN MFA NO. 8525/2023
BETWEEN:
C MUNIREDDY
S/O LATE CHANNAPPA,
AGED ABOUT 74 YEARS,
NO.2, NEXT TO GOVERNMENT HOSPITAL,
ARAKERE, IIM POST,
BANNERGHATTA ROAD,
BANGALORE - 560 078.
...APPELLANT
(BY SRI. AJAY J.NANDALIKE, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER -2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
1ST FLOOR, MAHARSHI ARAVIND BHAVAN,
NRUPATUNGA ROAD,
BANGALORE - 560 001.
2. THE STATE OF KARNATAKA
REP BY TAHSILDAR,
BANGALORE SOUTH TALUK,
KANDAYA BHAVAN,KG ROAD,
BANGALORE - 560 009.
3. BANGALORE METRO RAIL CORPORATION
CORPORATION LTD., (BMRCL),
3RD FLOOR BMTC COMPLEX,
K H ROAD,
SHANTINAGAR,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI.B.B.PATIL, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
- 33 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED
12.07.2023 PASSED IN LAC.NO. 77/2022 ON THE FILE OF
THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH NO. 17), ALLOWING THE REFERENCE
PETITION FILED UNDER SECTION 30 AND 31(2) OF THE LAND
ACQUISITION ACT.
IN MFA NO. 8806/2023
BETWEEN:
S C GOKARNA
S/O LATE CHANDREGOWDA S M
AGED ABOUT 68 YEARS,
006, RAHEJA CHAMBERS,
MUSEUM ROAD,
BANGALORE-560 001.
...APPELLANT
(BY SRI. AJAY J N AND AJAY J NANDALIKE.,ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
1ST FLOOR, MAHARSHI ARAVIND BHAVAN,
NRUPATUNGA ROAD,
BANGALORE-560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY TAHSILDAR
BANGALORE SOUTH TALUK,
KANDAYA BHAVANA, KG ROAD,
BANGALORE-560 009.
- 34 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
3. BANGALORE METRO RAIL CORPORATION
CORPORATION LTD (BRCL)
3RD FLOOR, BMTC COMPLEX,
K.H ROAD, SHANTINAGAR,
BANGALORE-560 001.
...RESPONDENTS
(BY SRI. B.B.PATIL, ADVOCATE FOR R-1
SMT.MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION
REHABILITATION AND RESETTLEMENT ACT DATED 12.07.2023
PASSED IN LAC NO.89/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CCH.NO.17, ALLOWING THE REFERENCE FILED UNDER
SECTION 30 AND 31(2) OF THE LAND ACQUISITION ACT.
IN MFA NO. 8812/2023
BETWEEN:
S.C. GOKARNA
S/O LATE CHANDREGOWDA S M
AGED ABOUT 68 YEARS,
006, RAHEJA CHAMBERS,
MUSEUM ROAD,
BANGALORE -560 001.
...APPELLANT
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREAS,
DEVELOPMENT BOARD,
1ST FLOOR, MAHARSHI ARAVIND BHAVAN,
NRUPATHUNGA ROAD,
BANGALORE 560 001.
- 35 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
2. THE STATE OF KARNATAKA
REPRESENTED BY TAHSILDAR,
BANGALORE SOUTH TALUK
KANDAYA BHAVAN, K G ROAD,
BANGALORE 560 009.
3. BANGALORE METRO RAIL CORPORATION
CORPORATION LTD. (BMRCL)
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTHINAGAR,
BENGALURU 560 001.
...RESPONDENTS
(BY SRI. B.B.PATIL, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION
REHABILITATION AND RESETTLEMENT ACT DATED 12.07.2023
PASSED IN LAC NO.130/2022 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
CCH.NO.17 ALLOWING THE REFERENCE PETITION U/S.30 AND
31(2) OF THE LAND ACQUISITION ACT.
IN MFA NO. 8814/2023
BETWEEN:
MUNIREDDY C
S/O LATE CHANNAPPA
AGED ABOUT 74 YEARS
NO. 2, NEXT TO GOVT HOSPITAL
ARAKERE IIM POST
BANNERGHATTA ROAD
BANGALORE - 560078
...APPELLANT
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE)
- 36 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER -2
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
1ST FLOOR MAHARSHI ARAVIND BHAVAN,
NRUPATUNGA ROAD
BANGALORE - 560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY TAHSILDAR
BANGALORE SOUTH TALUK
KANDAYA BHAVAN,KG ROAD
BANGALORE - 560 009.
3. BANGALORE METROL RAIL CORPORATION/KIADB
CORPORATION LTD (BMRCL)
3RD FLOOR, BMTC COMPLEX
K H ROAD SHANTHINAGAR
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. B.B.PATIL, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE R-3)
THIS MFA IS FILED U/S.54(1) OF THE LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DT.12.07.2023
PASSED IN LAC NO.65/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH-17), ALLOWING THE REFERENCE PETITION U/S.30 AND
31(2) OF THE LAND ACQUISITION ACT.
- 37 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
IN MFA NO. 8820/2023
BETWEEN:
C MUNIREDDY
S/O LATE CHANNAPPA
AGED ABOUT 74 YEARS,
NO.2, NEXT TO GOVERNMENT HOSPITAL,
ARAKERE, IIM POST,
BANNERGHATTA ROAD,
BANGALORE -560078
...APPELLANT
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER -2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
1ST FLOOR, MAHARSHI ARAVIND BHAVAN,
NRUPATUNGA ROAD,
BANGALORE -560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY TAHSILDAR,
BANGALORE SOUTH TALUK,
KANDAYA BHAVAN, K.G ROAD,
BANGALORE -560 009.
3. BANGALORE METRO RAIL CORPORATION
CORPORATION LTD., (BMRCL),
3RD FLOOR BMTC COMPLEX,
K H ROAD, SHANTINAGAR,
BENGALURU- 560 001
...RESPONDENTS
(BY SRI. B.B.PATIL, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
- 38 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
THIS MFA IS FILED U/S.54(1) OF THE LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DT.12.07.2023
PASSED IN LAC NO.79/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH-17), PARTLY ALLOWING THE REFERENCE PETITION
U/S.30 AND 31(2) OF THE LAND ACQUISITION ACT.
IN MFA NO. 8838/2023
BETWEEN:
S C GOKARNA
S/O LATE CHANDREGOWDA S M
AGED ABOUT 68 YEARS,
006, RAHEJA CHAMBERS,
MUSEUM ROAD,
BANGALORE-560001.
...APPELLANT
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREAS,
DEVELOPMENT BOARD,
1ST FLOOR, MAHARSHI ARAVIND BHAVAN,
NRUPATUNGA ROAD,
BANGALORE-560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY TAHSILDAR
BANGALORE SOUTH TALUK,
KANDAYA BHAVANA, KG ROAD,
BANGALORE-560 009.
3. BANGALORE METRO RAIL CORPORATION
CORPORATION LTD (BRCL)
3RD FLOOR, BMTC COMPLEX,
- 39 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
K.H ROAD, SHANTINAGAR,
BANGALORE-560 001.
...RESPONDENTS
(BY SRI. B.B.PATIL, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT DT.12.07.2023 AND AWARD
DATED 09.08.2023 PASSED IN LAC NO.75/2022 ON THE FILE
OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, CCH.NO.17, ALLOWING THE REFERENCE U/S.30
AND 31(2) OF LAND ACQUISITION ACT.
IN MFA NO. 8839/2023
BETWEEN:
C MUNIREDDY
S/O LATE CHANNAPPA
AGED ABOUT 74 YEARS,
NO 2, NEXT TO GOVT HOSPITAL,
ARAKERE, IIM POST
BANNERGHATTA ROAD
BANGALORE 560078
...APPELLANT
(BY SRI. AJAY.J.NANDALIKE, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER -2
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
1ST FLOOR, MAHARSHI ARAVIND
BHAVAN, NRUPATUNGA ROAD,
BANGALORE 560 001.
- 40 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
2. THE STATE OF KARNATAKA
REPRESENTED BY TAHSILDAR
BANGALORE SOUTH TALUK
KANDAYA BHAVAN, KG ROAD,
BANGALORE - 560 009.
3. BANGALORE METRO RAIL CORPORATION
CORPORATION LTD (BMRCL),
3RD FLOOR, BMTC COMPLEX,
K H ROAD, SHANTHINAGAR,
BENGALURU - 560 001
...RESPONDENTS
(BY SRI. B.B.PATIL, ADVOCATE FOR R-1
SMT. MAMATHA SHETTY, AGA FOR R-2
SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. VACHAN.H.U, ADVOCATE FOR R-3)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 12.07.2023
PASSED IN LAC NO.63/2022 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
CCH.NO.17, ALLOWING THE REFERENCE PETITION U/S.30
AND 31(2) OF LAND ACQUISITION ACT.
THESE APPEALS HAVING BEEN RESERVED FOR
JUDGMENT ON 08.09.2025 COMING ON FOR PRONOUNCEMENT
THIS DAY, RAJESH RAI K, J., DELIVERED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE RAJESH RAI K
- 41 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE RAJESH RAI K)
1. There are two batches of appeals.
2. One batch of appeals i.e., MFA.Nos.6866, 6893, 6943, 6945, 6969, 6970, 6998, 6999, 7002 and 7014/2023 are by the Bangalore Metro Rail Corporation Limited (for brevity, "the BMRCL") and MFA.Nos.7804, 7794, 7797, 7803, 7808, 7813, 7819, 7837, 7846 and 7850/2023 are by the Special Land Acquisition Officer-2 of Karnataka Industrial Areas Development Board (for brevity, "the SLAO") challenging the interest awarded vide judgment and award dated 12.07.2023 passed by the II Additional City Civil and Sessions Judge, Bengaluru, (for brevity, "the Reference Court") as modified vide order dated 09.08.2023 in the Review Petitions in LACs, against which the aforesaid appeals are preferred.
3. The other batch of appeals i.e., MFA.Nos.6991, 8524, 8806, 8812, 8838/2023 are by the landowner S.C.Gokarna and MFA.Nos.6992, 8525, 8814, 8820,
- 42 -
NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS 8839/2023 are by the landowner C.Munireddy seeking modification of the judgment and award dated 12.07.2023 passed by the Reference Court in respect of award of interest from the date of award, instead of from the date of taking possession, as modified in the Review Petitions in LACs, against which they preferred the present appeals.
4. The brief facts of the case are that the lands of the aforesaid landowners i.e. Sy.No.87 situated at Kothnur Village, Begur Hobli, Bengaluru South Taluk, were acquired by the SLAO for the purpose of Metro Rail Project as per preliminary notification dated 22.02.2018 and final notification published in the gazette on 07.03.2019. The SLAO has passed general award based on the order of Assistant Commissioner considering the lands of aforesaid landowners as Government lands. However, as against the orders of Assistant Commissioner and Deputy Commissioner, landowners preferred W.P.Nos.24533/2017 c/w. WP.Nos.24535/2017 in the year 2017 itself, which were disposed of on 07.02.2022 directing the SLAO to
- 43 -
NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS refer the dispute under Sections 30 and 31 of the Land Acquisition Act, 1894 (for brevity, "the Act").
5. In the meantime, the landowners S.C Gokarna and Munireddy preferred WP.No.17936/2019 and WP.Nos.7752/2020 & 13838/2021 respectively against the general award passed by the SLAO. In the said writ petitions, the landowners filed a memo dated 08.12.2022. The relevant portion of the said memo reads as under:
"8) The Petitioner is agreeable for accepting the compensation package provided under section 29(2) of the KIAD Act determined by BMRCL and offered to them by KIADB vide Annexure-"T", and Annexure-"V" in the above writ petition with accrued interest from date of preliminary notification till date of payment.
Thus, the petitioner will not seek any further enhancement of compensation on the package amount which would be deposited by the SLAO, KIADB before the Civil Court.
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NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
Under the aforesaid circumstances,
the Petitioner prays that this Hon'ble Court may be pleased to:
(i) Permit the Petitioner to accept the Package Compensation offered by BMRCL/KIADB vide Annexure-"T" & Annexure-"V" under section 29(2) of the KIAD Act with accrued interest till date of payment to the Petitioner;
(ii) Direct the SLAO-KIADB to deposit the balance amount as per the Package compensation that was offered under section 29(2) of KIAD Act before the Reference Court."
Accordingly, in terms of the said memo, the said writ petitions were disposed of.
6. Thereafter, the Reference Court has passed the judgment and award dated 12.07.2023 as under:
"It is further ordered that the petitioner shall pay to the Claimant the amount deducted towards Income tax along with accrued interest which is kept in F.D. by them.
It is further ordered that the petitioner is directed to pay interest to the Claimant at 9%
- 45 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
on the balance amount deposited on
21.04.2023 from 09.01.2023 to 20.04.2023."
7. Aggrieved by the aforesaid award, the landowners preferred review petitions, which were allowed in part and based on which, the Reference Court has modified the impugned award on 21.09.2023 as under:
"It is further ordered that the petitioner shall pay to the Claimant the amount deducted towards Income tax along with accrued interest which is kept in F.D. by them.
It is further ordered that the petitioner is directed to pay interest to the Claimant at 9% on the balance amount deposited on 21.04.2023 and 20% TDS kept with them from the date of award till 20.04.2023."
8. Being aggrieved by the aforesaid modified award, the BMRCL and SLAO as well as the landowners are before this Court.
9. We have heard the learned Senior Counsel Sri. Dhananjay Joshi for BMRCL, learned counsel Sri B.B.Patil for SLAO, KIADB, learned counsel Sri Ajay
- 46 -
NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS J.Nandalike for landowners and the learned Additional Government Advocate.
10. The primary contention of the learned Senior Counsel Sri.Dhananjay Joshi for BMRCL is that pursuant to the directions of this Court vide order dated 07.02.2022 passed in W.P.Nos.24533/2017 c/w. WP.Nos.24535/2017, the SLAO submitted the reference applications before the Reference Court and upon filing such reference applications, the SLAO deposited the amount of general award in the Reference Court. The TDS amount was retained by the SLAO and kept in fixed deposit. However, in W.P.No.17936/2019 and WP.Nos.7752/2020 & 13838/2021, the landowners filed a memo dated 08.12.2022 acknowledging that the reference proceedings were only for adjudication of title and not for enhancement of compensation and accordingly agreed to receive and accept the package compensation under Section 29(2) of Karnataka Industrial Areas Development Act, 1966 (for brevity, "the KIAD Act") as offered by the KIADB.
- 47 -
NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS Accordingly, by an order dated 08.12.2022, the said writ petitions were disposed by the learned Single Judge in terms of memo dated 08.12.2022 by setting aside the general award that had been passed by SLAO and directed the SLAO to deposit the balance package compensation amount i.e. difference between the package compensation offered by the SLAO and the amount awarded by the SLAO under general award, before the Reference Court within a period of four weeks from the date of receipt of copy of the said order and to invest the same in Nationalized Bank.
11. It was further contended that the copy of the said Writ Petitions order was released on 10.01.2023 and received by the BMRCL on 11.01.2023 and as such, though the BMRCL ought to have deposited the balance package compensation amount by 08.02.2023 (i.e., four weeks from 11.01.2023), the same was deposited on 21.04.2023 i.e. with a delay of about 10 weeks. Thus, when the learned Single Judge has not levied any penalty
- 48 -
NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS or interest for the delay in deposit, the Reference Court has erred in directing the SLAO to pay interest on the balance package compensation amount deposited in the Reference Court on 21.04.2023 to the landowners at the rate of 9% p.a from 09.01.2023 to 20.04.2023. Further, in the Review Petitions filed by the landowners, the Reference Court modified the award on 21.09.2023 and directed the SLAO to pay interest as aforesaid, which is totally arbitrary and illegal since the award was a consent award under Section 29(2) of KIAD Act.
12. According to the learned Senior Counsel, the Reference Court has totally lost sight of the memo dated 08.12.2022 filed in W.P.No.17936/2019 and WP.Nos.7752/2020 & 13838/2021 by the landowners acknowledging that the reference was only for adjudication of title to the acquired property and not for enhancement of compensation. In such circumstances, the Reference Court is not empowered to delve into the adequacy of compensation and to award interest on the same. In order
- 49 -
NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS to buttress his argument, he relied on the judgment in the case of STATE OF GUJARAT AND OTHER Vs DAYA SHAMJI BHAI AND OTHERS -(1995) 5 SCC 746.
13. He further contended that the Reference Court has grossly erred in holding that when the general award passed by the SLAO was substituted by package compensation offered by the BMRCL under Section 29(2) of the KIAD Act, interest payable should be from the date of general award.
14. Sri B.B.Patil, learned Counsel for the - SLAO by adopting the contentions raised by the learned Senior Counsel for the BMRCL submitted that, the Reference Court has awarded interest exceeding its inherent jurisdiction. He contended that, having agreed to accept the package compensation, it is not open to the landowners to seek statutory benefits either by making representation to the SLAO or by filing an application under Section 18 of the Act seeking reference to Civil
- 50 -
NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS Court or by filing Writ Petition. He further contended that, the right of the landowners to seek solatium and interest on the market value arises only when the amount of compensation has been determined under Section 29(3) and (4) of KIAD Act read with Sections 11 and 23 of the Land Acquisition Act. In support of his arguments, he has placed reliance on the judgment passed in W.A.No.30007/2013 - SURESH D BANKAPUR V/S STATE OF KARNATAKA AND OTHERS and in the case of STATE OF KARNATAKA AND OTHERS VS. SANGAPPA DIVAPPA BIRADAR AND OTHERS - 2005 Vol 4 SCC 264.
15. With these submissions, both the learned Senior Counsel for BMRCL as well as learned counsel for the SLAO pray to set aside the portion of the judgment and award dated 12.07.2023 as modified vide award dated 21.09.2023 awarding interest.
16. Per contra, learned counsel for the landowners submitted that, after meticulously examining the
- 51 -
NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
documents placed before the Reference Court, the
Reference Court has passed the modified award dated 21.09.2023 by granting interest at 9% p.a from the date of award. However, the Reference Court has failed to award interest from the date of taking physical possession of the property from the landowners till the date of actual deposit of the award i.e., 20.04.2023. He further contended that the argument advanced by the BMRCL and the SLAO that the landowners have filed a memo dated 08.12.2022 in W.P.No.17936/2019 and WP.Nos.7752/2020 & 13838/2021 agreeing for consent award and there is no mention with regard to interest is factually incorrect, since in paragraph 8 of the said memo, it is stated that the landowners are agreeable to accept the compensation package with accrued interest from the date of preliminary notification till date of payment and even in prayer (i) of the said memo, it is clearly stated that the landowners may be permitted to accept the Package Compensation offered by BMRCL/KIADB under
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NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS Section 29(2) of the KIAD Act with accrued interest till date of payment to the petitioner. He further contended that, W.P.No.17936/2019 and WP.Nos.7752/2020 & 13838/2021 were allowed as per the terms of said memo which is clear from paragraph (i) of operative portion of the order passed in said writ petitions. In such circumstance, the Reference Court has rightly awarded interest as aforesaid. However, the Reference Court has erred by not awarding the same from the date of taking possession. In support of his arguments, he relied on the judgment in the case of KIADB Vs AKKAYAMMA - WA.596/2022.
17. With these submissions, he prays to dismiss the appeals filed by the SLAO and BMRCL, and to modify the award passed by the Reference Court by awarding interest from the date of taking physical possession till its actual deposit.
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NC: 2025:KHC:37564-DB
MFA No. 7804 of 2023
C/W MFA No. 6866 of 2023
MFA No. 6893 of 2023
HC-KAR AND 27 OTHERS
18. Having heard the learned counsel for the
parties, the points that arise for our consideration are:
(i) Whether the Reference Court was justified in awarding interest for the package compensation?
(ii) Whether the Reference Court is justified in awarding interest only from the date of award by not awarding the interest from the date of taking actual physical possession?
19. As could be gathered from records, lands of the landowners were acquired for the purpose of Metro Rail Project. In the meantime, the landowners filed W.P.No.17936/2019 and WP.Nos.7752/2020 & 13838/2021. In the said writ petitions, the landowners filed a memo dated 08.12.2022, wherein in paragraph (i) of the prayer, it is averred that the petitioner may be permitted to accept the Package Compensation offered by BMRCL/KIADB under Section 29(2) of the KIAD Act with accrued interest till date of payment to the petitioner.
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NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS
20. The learned Single Judge though not passed an order specifically reiterating terms of the memo, nevertheless, allowed the aforesaid writ petitions stating that the same were disposed of in terms of the memo in paragraph (i) of the operative portion of the order.
21. With these factual aspects, when we dwell into the arguments advanced by learned counsel for BMRCL and SLAO to answer first limb of argument that, in view of the memo filed by the landowners agreeing to receive the package compensation, the award has to be treated as a consent award and as such, there is no question of awarding the interest is concerned, on careful perusal of the memo filed by the landowners dated 08.12.2022 in W.P.No.17936/2019 and WP.Nos.7752/2020 & 13838/2021, it is seen that the landowners in prayer (i) of their memo have stated that they accept the package compensation under Section 29(2) of the KIAD Act with accrued interest.
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NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS
22. Further, as rightly contended by the learned counsel for the landowners, W.P.No.17936/2019 and WP.Nos.7752/2020 & 13838/2021 were allowed in terms of the memo as observed by the learned Single Judge in paragraph (i) of the operative portion of the order dated 08.12.2022. Pursuant to the order passed by the learned Single Judge in the said writ petitions, the Reference Court relying on the judgment of this Court in W.P.No.46860/2018 - AKKAYAMMA VS. DEPUTY COMMISSIONER & OTHERS passed the award dated 12.07.2023 by granting 9% interest on the balance amount deposited on 21.04.2023 from 09.01.2023 to 20.04.2023, which was modified in the review petitions directing the SLAO to pay interest at 9% on the balance amount deposited on 21.04.2023 and 20% TDS kept with them, from the date of award till 20.04.2023.
23. As rightly contended by the learned counsel for the landowners, the Reference Court has passed the award by directing the SLAO to pay interest at 9% p.a. based on
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NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS the law laid down in the case of Akkayamma cited supra. On careful perusal of the law laid down by the Co-ordinate Bench of this Court in Akkayamma's case, it is clear that though it is a consent award, the landowners are entitled for interest at the rate of 9% p.a from the date of taking possession till the date of payment. Paragraph 9 of the said judgment reads as under:
"9. This Court in W.P.No.51023/2013 and connected writ petitions disposed of on 03.04.2014, in almost identical circumstances had observed that the petitioners therein should be paid compensation in terms of the deemed consent award with interest at 9% per annum from the date of taking possession of the land till the date of payment. Even in the said case, the title of the lands of the petitioners therein was doubted and the Deputy Commissioner had initiated proceedings in that regard, which was ultimately dropped. The said order was questioned by the Karnataka Public Lands Corporation, a Government of Karnataka undertaking before this Court in W.P.No.29066/2011 which was dismissed ontheir option for receiving the compensation in terms of the consent award and a sum of Rs.62 lakhs per acre was assured to them. Inspite of the same, a general award was passed awarding compensation
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NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS at the rate of Rs.25 lakhs per acre and it is under these circumstances, they had approached this Court and the learned Single Judge had disposed of the writ petition observing that the State Government through its competent officer may proceed with the action initiated in accordance with law and should the proceedings result in favour of the petitioners therein, they should be paid compensation in terms of a deemed consent award with interest at 9% per annum from the date of taking possession of the land till the date of payment. The said order has undisputedly attained finality. Following the said order passed in W.P.No.51023/2013 and connected cases, the learned Single Judge has passed the impugned order directing the appellant-Board to pay interest to the legal representatives of the original petitioner at the rate of 9% per annum from the date of taking possession till the date of payment on the amount of Rs.1,24,00,000/- paid to Smt. Akkayamma towards compensation of the land in question. We find no illegality or irregularity in the said order passed by the learned Single Judge."
24. The law laid down by the Co-ordinate Bench of this Court in the aforesaid case squarely applies to the facts and circumstances of the instant case. Nevertheless, when there is a specific clause forthcoming in the memo
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NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS filed by the landowners that they are entitled for accrued interest, based on which, W.P.No.17936/2019 and WP.Nos.7752/2020 & 13838/2021 were disposed of, we are of the view that the first limb of argument of the learned counsel for the BMRCL and SLAO is untenable.
25. As regards the second limb of argument of the learned counsel for BMRCL and SLAO that when the learned Single Judge has not levied any penalty or interest for the delay in deposit, the Reference Court has erred in directing the SLAO to pay interest on the balance package compensation amount deposited in the Reference Court on 21.04.2023 to the landowners at the rate of 9% p.a from the date of award is concerned, since we answered the first limb of argument in favour of the landowners that they are entitled for interest to the package compensation, this contention does not survive for consideration.
26. In view of above discussion, the first point raised is answered in the 'affirmative' and the second point
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NC: 2025:KHC:37564-DB MFA No. 7804 of 2023 C/W MFA No. 6866 of 2023 MFA No. 6893 of 2023 HC-KAR AND 27 OTHERS raised is answered in the 'negative'. Accordingly, it is held that the landowners are entitled for interest at the rate of 9% p.a. from the date of taking physical possession of the lands till the date of actual deposit of package compensation.
27. In the result, the appeals filed by the BMRCL and SLAO are dismissed and the appeals filed by the landowners are allowed by modifying the impugned award as aforesaid. However, the remaining portion of the award remained undisturbed.
SD/-
(ANU SIVARAMAN) JUDGE SD/-
(RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 1