Full Judgment Text
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NC: 2026:KHC-K:3260
WP No. 200586 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 15 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200586 OF 2026 (LA-RES)
BETWEEN:
KARNATAKA NEERAVARI NIGAMA LIMITED
BENGALURU,REPRESENTED BY ITS,
THE EXECUTIVE ENGINEER,
KNNL, IPC DIVISION NO.1
AMARAJ PROJECT IWAN-SAHI
KALABURAGI.
…PETITIONER
(BY SRI. A M NAGRAL, ADVOCATE)
AND:
1.
A)
REVANSIDDAPPA S/O HULEPPA @ HULKANTI,
BY LRS,
BASAWARAJ S/O REVANASIDDAPPA JAMADAR,
AGED ABOUT 54 YEARS, OCC: AGRICULTURE,
B) SHANTAPPA JAMADAR S/O REVANASIDDAPPA,
AGED ABOUT 49 YEARS, OCC: AGRICULTURE.
C) HULEPPA S/O REVANASIDDAPPA JAMADAR,
AGED ABOUT 39 YEARS, OCC: AGRICULTURE
ALL ARE R/O DANGAPUR,
TQ. ALAND, DIST. KALABURAGI- 583101.
2. THE SPL. LAND ACQUISITION OFFICER,
M AND MIP KALABURAGI- 585101.
Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
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3. THE DEPUTY COMMISSIONER,
KALABURAGI- 585101.
…RESPONDENTS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE
FOR R1(A) TO R1(C);
SRI SHESHADRI JAISHANKAR M., AGA FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF CERTIORARI IN THE NATURE OF QUASHING
THE IMPUGNED JUDGMENT AND AWARD DATED 05.10.2023
PASSED IN LACA NO.355/2018 BY THE III ADDL. DISTRICT
AND SESSIONS JUDGE, AT KALABURAGI VIDE ANNEXURE-B. B)
IF ANY OTHER ORDER/S DEEMS FIT BY THIS HONOURABLE
COURT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition is filed under Articles 226 & 227
of the Constitution of India seeking for the following reliefs:
(a) Issue a writ of certiorari in the nature of
quashing the impugned Judgment and Award dated
05.10.2023 passed in LACA No.355/2018 by the III
Additional District and Sessions Judge, at Kalaburagi
vide Annexure-B, in the interest of justice and equity;
(b) If any other order/s deems fit by this
Hon’ble Court in the interest of justice and equity.
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2. This Court by order dated 11.03.2026 had
referred the parties to this writ petition for mediation and
had requested Hon’ble Justice A.V.Chandrashekar, Former
Judge of this Court to mediate between the parties to this
writ petition.
3. Learned counsel for the parties submit that,
pursuant to the aforesaid order passed by this Court, the
mediation process was undertaken and the parties have
arrived at a amicable resolution of their dispute by entering
into a mediation agreement. The process of settlement is
also said to have been accepted and approved by the
respondent-State Government. The mediation agreement
between the parties which is placed along with this file, is
taken on record. The same reads as follows:
MEDIATION AGREEMENT
Thorough discussions were held in the presence of the Learned
Mediator, Justice A.V Chandrashekar (Retired), the Managing Director
of Karnataka Neeravari Nigam (Hereinafter “KNNL”), the Learned
Advocate General, Karnataka, Additional Advocate General,
Kalaburagi, the Learned Advocates appearing for the parties, and the
authorized representatives of KNNL.
The parties have agreed as follows:
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The present writ petition is one of several land acquisition
matters pertaining to various irrigation projects which are being
undertaken and managed by KNNL. By order Dtd: 07-07-2025, the
Hon’ble High Court referred the matters for mediation and connected
cases. The present compromise has been duly approved by the State
Government of Karnataka on 25-02-2026 relating to the land
acquisition for the Bennethora project, considering the various factors
like the decision of the Hon’ble Supreme Court and also settlement in
earlier mediation MSA No.200061/2017 and other connected matter
and deliberations between the parties. The parties have voluntarily
agreed to settle the above matter on the following terms:
(a) The market value of the land acquired is calculation
and arrived at Rs.2,34,605/- ( Two Lakh Thirty Four
Thousand Six Hundred Five only ) per acre for dry land.
(b) The Respondent/s (Claimant/s) is/are entitled for all
statutory benefits under Land Acquisition Act, except for the
period of delay in filing the Appeal before the First Appellate
Court.
(c) No interest is payable to the Respondent/s
(Claimant/s) for the period of delay in filing the Appeal
before the First Appellate Court.
(d) The Respondent/s (Claimant/s) agree that they will
give up statutory interest for a period of 3 years.
(e) It is agreed to between the parties that the
calculation of interest is made up to 04-04-2026.
(f) It is agreed to between the parties that, in case the
agreed amount is not paid within four months from the
signing of this agreement, KNNL will not be entitled for
exemption of payment of interest for a period of period of 3
(three) years as outlined in clause (d).
(g) The Respondent/s (Claimant/s) has/have understood
and agreed that the payment of amounts quantified in the
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present agreement would be made through the P.D account
of KNNL of Chief Accounts Officer, KNNL, Dharwad. (Heard of
Account "8443-00-106") as outlined in G.O. No. AE 13 TAR
2023 dated 27.09.2024;
(h) The Respondent/s (Claimant/s) agree that the
present agreement would be a full and final settlement of
their claims and they would not be entitled to any differential
interest except in accordance with the terms of this
agreement;
(i) Respondent/s (Claimant/s) has/have agreed to give
an undertaking in writing about the genuineness of their
claim and undertake to furnish copy of the - Passbook and
Aadhar Card immediately upon signing of the agreement;
(j) The Respondent/s (Claimant/s) agree that the
present agreement would be a full and final settlement of
their claims and they and/or their legal heirs undertake to
not agitate any further claims in this regard, in the future;
(k) The Respondent/s (Claimant/s) agree to withdraw all
pending Execution Petition(s) in terms of this agreement;
(l) KNNL would not be bound to pay any further
compensation or claim to a third party, should any dispute
arise between the Respondent/s (Claimant/s) and such
person, in respect of ownership and claim of the acquired
land;
(m) KNNL has agreed to pay the costs to the
Respondent/s (Claimant/s) which is equivalent to the Court
fee paid by the Respondent/s. Consequently, KNNL is
entitled for return of Court fee from Hon'ble Court, as per
law;
(n) KNNL has undertaken that the payment of agreed
amount will be deposited directly to the account of the
Respondent/s (Claimant/s) through the P.D. account of KNNL
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of the Chief Accounts Officer KNNL, Dharwad. (Head of
Account "8443-00-106" as outlined in G.O No. AE 13 TAR
2023 Dtd:27-09-2024;
(o) The present settlement shall not be considered
either as a precedent or a policy decision or a proposal
binding in KNNL for cases, other than the present matter
referred to Mediation.
The parties to this agreement have entered into this
compromise voluntarily, on their own volition, without any
coercion of misrepresentation and the contents of this
agreement have been explained to and understood by the
”
Respondent/s (Claimant/s) in vernacular as well.
4. The mediation report is signed by all the parties
to this writ petition including their learned Advocates and
also the representatives of the State and by their learned
Advocates.
5. The terms of the mediation agreement have been
accepted by the parties.
6. The mediation agreement not being opposed to
any provisions of law, the same is taken on record and the
writ petition is disposed of in terms of the aforesaid
mediation agreement.
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7. It is needless to state that, the decree of the trial
Court shall be modified in terms of the order passed in this
writ petition and also in terms of the mediation agreement.
8. It is made clear that in the event of any failure on
the part of respondent-KNNL, the appellants/claimants would
be at liberty to seek enforcement and execution of this order
in accordance with law. In such an event,
appellants/claimants would also be entitled for all the
statutory benefits including interest till realization.
9. This Court places on record its appreciation of the
earnest efforts made by Hon’ble Justice A.V.Chandrashekar,
Former Judge, High Court of Karnataka, and all other learned
Advocates who have appeared in this matter on behalf of the
parties, in amicably resolving the dispute.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
Svh/-
List No.: 1 Sl No.: 10
CT:PK