01Facts
Karnataka Neeravari Nigam (KNNL), the beneficiary of a land acquisition, challenged the First Appellate Court’s judgment and award on the ground that it had not been impleaded in the appeal.
¶ 1–2During the writ proceedings, the parties entered mediation and filed a settlement agreement providing, among other terms, for compensation of ₹40,656 per acre for dry land, statutory benefits subject to specified exclusions, and payment within four months.
pp. 3–6 · ¶ 3–4The Deputy Commissioner had not signed the agreement, although the State had consented in principle and the authorized Land Acquisition Officer had signed it.
¶ 6–7The claimants also raised concern about tax deduction at source (TDS) on the compensation.
¶ 802Issues
i.1. Whether the mediation agreement could be accepted and given effect despite the Deputy Commissioner’s failure to sign it.
¶ 6–7ii.2. Whether payments under the mediation agreement were subject to deduction of TDS.
¶ 8iii.3. Whether the writ petition should be disposed of by giving effect to the settlement rather than deciding the challenge to the appellate award on its merits.
¶ 3–5, 9–1003Law Applied
The Court applied Section 89 of the Code of Civil Procedure, 1908, read with Order XXIII Rule 3 CPC, treating the recorded mediation agreement as a lawful settlement capable of forming the basis of a decree.
¶ 9It also relied on its earlier order dated 20 August 2025 in W.P. No. 102884/2025, which held that compensation awarded for compulsory acquisition of land was not subject to TDS under the applicable provisions of the Income Tax Act.
¶ 8The Court further proceeded on the basis that the Deputy Commissioner’s signature was unnecessary in the circumstances, given the State’s in-principle consent and the authorized Land Acquisition Officer’s signature.
¶ 6–7Provisions in the judgment · 1 · Linked ones open on LawLens
Code of Civil Procedure, 1908 Section 89
04Reasoning
The Court accepted the parties’ voluntary settlement as resolving the dispute between KNNL, the beneficiary, and the land claimants.
Although the Deputy Commissioner had not signed, the Court considered the State’s in-principle consent and the Land Acquisition Officer’s signature sufficient to accept the mediation report.
¶ 6–7On TDS, it followed its earlier ruling concerning compensation for compulsory land acquisition and directed that payments under the agreement be made without TDS deduction.
¶ 8The settlement therefore displaced the need to determine the writ challenge on its original merits.
¶ 9–1005Holding
The Court accepted the mediation agreement and disposed of the writ petition in its terms.
¶ 5, 10It directed that payments be made without deduction of TDS and that the agreement operate as a lawful settlement in substitution for any award, judgment, or decree of the Reference Court or Appellate Court.
¶ 8–9The concerned courts were directed to draw up a decree consistent with the settlement within 60 days of receiving a certified copy of the order.
¶ 8–9Original Court PDF
KARNATAKA NEERAVARI NIGAMvsTHE STATE OF KARNATAKA AND ORS
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