01Facts
Karnataka Neeravari Nigam (KNNL), the beneficiary of a land acquisition, challenged an appellate judgment and award on the ground that it had not been made a party before the First Appellate Court
p. 2The parties were referred to mediation and filed a settlement agreement fixing the market value of dry land at ₹50,820 per acre, providing for statutory benefits subject to specified exclusions and waivers of interest, and recording other terms of full and final settlement
pp. 3–6The Deputy Commissioner had not signed the agreement, but the authorized Land Acquisition Officer had
p. 7The claimants also raised a concern about tax deducted at source (TDS) on the compensation
p. 702Issues
i.1. Whether the mediation settlement could be accepted despite the Deputy Commissioner not having signed it
p. 7ii.2. Whether payments made under the settlement should be made without deduction of TDS
pp. 7–8iii.3. Whether the settlement should be recorded as a lawful compromise and form the basis for the decree in place of the existing award or judgment
p. 803Law Applied
Section 89 of the Code of Civil Procedure, 1908, read with Order XXIII Rule 3, permits a mediated settlement to be recorded as a lawful compromise; where accepted, the settlement may be made the basis of a decree
p. 8The Court also relied on its earlier order dated 20 August 2025 in W.P. No. 102884/2025, which held that compensation for compulsory acquisition of land was not subject to TDS under the applicable provisions of the Income Tax Act
p. 8Provisions in the judgment · 1 · Linked ones open on LawLens
Code of Civil Procedure, 1908 Section 89
04Reasoning
The Court accepted the settlement because the dispute was principally between KNNL, as beneficiary, and the landholder, the State had consented to it in principle, and the authorized Land Acquisition Officer had signed it; accordingly, the Deputy Commissioner’s signature was dispensed with
p. 7Following its earlier TDS ruling, the Court directed that payments under the agreement be made without TDS
p. 8It then treated the agreement as a lawful settlement under Section 89 and Order XXIII Rule 3 CPC, in substitution for the prior award, judgment, or decree
p. 805Holding
The agreement was accepted as a lawful settlement, and all payments under it were directed to be made without TDS
pp. 7–8The concerned courts were directed to draw up a decree in accordance with the agreement within 60 days of receiving a certified copy of the order
p. 8The writ petition was disposed of in terms of the mediation agreement
p. 9Original Court PDF
KARNATAKA NEERAVARI NIGAMvsTHE STATE OF KARNATAKA AND ORS
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