- 1 - HC-KAR NC: 2025:KHC-K:2860 MSA No. 200215 of 2018 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL SECOND APPEAL NO.200215 OF 2018 (LA) BETWEEN: KUPENDRA S/O TUKKAPPA, AGE: 49 YEARS, OCC: AGRICULTURE, R/O VENKATBENNUR VILLAGE, TQ: DIST. KALABURAGI-585101. …APPELLANT (BY SRI. S.S.SAJJANSHETTY, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER, M & MIP, ROOM NO.7, MINI VIDHAN SOUDHA, KALABURAGI-585101. 2. THE DEPUTY COMMISSIONER, MINI VIDHAN SOUDHA, KALABURAGI-585101. 3. THE EXECUTIVE ENGINEER, MI DIVISION, KALABURAGI-586101. …RESPONDENTS (BY DR. ARCHANA P. TIWARI, AAG AND SRI. MAQBOOL AHMED, AGA FOR RESPONDENTS) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2860 MSA No. 200215 of 2018 THIS MISC. SECOND APPEAL IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, 1894 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 14.07.2014, PASSED BY THE III ADDL. DISTRICT JUDGE AT GULBARGA IN LAC APPEAL NO.397/2013, VIDE ANNEXURE-A AND PLEASED TO MODIFY BY ALLOWING THE APPEAL BY ENHANCING THE COMPENSATION AT RS.1,73,780/- PER ACRE DRY LAND FROM RS.88,320/- PER ACRE AS AWARDED BY THE LOWER APPELLATE COURT, AND PRAYED TO AWARD MORE BY PERMITTING TO PAY DCF IN THE EVENT OF DISPOSAL, WITH ALL STATUTORY BENEFITS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAVI V HOSMANI) Challenging judgment and award dated 14.07.2014 passed by III Additional District Judge, Gulbarga in LACA no.397/2013, this appeal is filed. 2. Sri S.S.Sajjanshetty, learned counsel for appellant submitted that appellant is land loser-claimant seeking for further enhancement of compensation. It was submitted that land bearing Sy.No.97/2 measuring 13 - 3 - HC-KAR NC: 2025:KHC-K:2860 MSA No. 200215 of 2018 acres 32 guntas situated at Venkatabennur belonging to claimant was acquired for purpose of construction of Khaja Kotnoor watertank under preliminary notification dated 08.11.1990. It was submitted that as per award passed by SLAO on 27.10.1992 market value was fixed at `8,000/- per acre. Not satisfied with same, appellant had sought reference. Reference Court in LAC no.302/1995 had determined market value as `20,000/- per acre. Not satisfied with same he had preferred appeal in LACA no.397/2013. Though appeal was allowed and there was enhancement to `88,320/- per acre, claimant was not satisfied with same. Hence, present appeal is filed. 3. It was submitted in respect of same project under same preliminary notification lands belonging to same village, i.e., Sy.No.97(A) and (C) of Venkatbennur village, this Court in MSA no.200226/2018 disposed off on 28.03.2025 had determined market value at `1,43,863/- per acre. Said judgment would squarely cover subject matter and seeks for allowing of appeal. - 4 - HC-KAR NC: 2025:KHC-K:2860 MSA No. 200215 of 2018 4. Dr.Archana P.Tiwari, learned Additional Advocate General appearing for Sri Maqbool Ahmed, learned Additional Government Advocate for respondents fairly concedes about matter being covered. 5. In view of above, appeal would requires to be allowed. Ordered accordingly. Appeal is allowed with costs. The claimant is held entitled for compensation at rate of `1,43,863/- per acre along with statutory benefits and interest. It is clarified that claimant would not be entitled for interest for total period of 2450 days being delay in filing appeal as well as delay in filing application for recalling (as per order dated 16.04.2025). Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 34 CT:SI