01Facts
The Executive Engineer of Karnataka Neeravari Nigam Limited (KNNL), the beneficiary of the land acquisition, challenged the First Appellate Court’s judgment and award in LACA No. 203 of 2016.
p. 4KNNL had not been made a party before that court.
p. 4During the writ proceedings, the parties reached a mediated settlement, approved by the State Government, fixing the market value at ₹2,18,715 per acre and setting out terms on statutory benefits, interest, payment, and final settlement of claims.
pp. 5–8The claimants also raised concern about tax deducted at source (TDS) on the compensation.
p. 802Issues
i.1. Whether the writ petition could be disposed of in accordance with the parties’ mediated settlement, in substitution for the prior award and decree.
pp. 4, 8–9ii.2. Whether payments made under the settlement were subject to TDS.
p. 803Law Applied
Section 89 of the Code of Civil Procedure, 1908, read with Order XXIII Rule 3 CPC, provides the basis for recording a lawful settlement and giving effect to it through a decree.
The Court also relied on its earlier order dated 20 August 2025 in W.P. No. 102884 of 2025, which it described as holding that compensation for compulsory acquisition of land was not subject to TDS under the applicable provisions of the Income Tax Act.
p. 8The Court applied these principles to the settlement voluntarily entered into by the parties and signed by the authorized Land Acquisition Officer.
pp. 5–8Provisions in the judgment · 1 · Linked ones open on LawLens
Code of Civil Procedure, 1908 Section 89
04Reasoning
The Court noted that KNNL’s non-joinder before the First Appellate Court was undisputed, but the parties had resolved the dispute through mediation and the authorized officer had signed the agreement.
p. 4, 8Finding the agreement acceptable, the Court incorporated it into its order as a lawful settlement under Section 89 and Order XXIII Rule 3 CPC, directing that it replace the earlier award, judgment, or decree.
pp. 8–9On TDS, the Court followed its earlier ruling and directed payment without deduction at source.
p. 805Holding
The Court disposed of the writ petition in terms of the Mediation Agreement.
pp. 8–9It directed that the settlement form part of the order, operate in substitution for any prior award, judgment, or decree, and be embodied in a decree by the concerned courts within 60 days of receiving a certified copy of the order.
pp. 8–9Payments under the agreement were ordered to be made without TDS.
p. 8Original Court PDF
THE EXECUTIVE ENGINEERvsTHE SPECIAL LAND AND ORS
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