- 1 - HC-KAR NC: 2025:KHC-K:3349 MSA No. 200041 of 2018 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL SECOND APPEAL NO.200041 OF 2018 BETWEEN: SMT. MUNEERA BEGUM W/O ZAHEER HUSSAIN, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: BANHATTI, TQ: CHITTAPUR, DIST: KALABURAGI. …APPELLANT (BY SRI NAGARAJ PATIL, ADVOCATE) AND: 1. THE CHIEF ENGINEER, MI BIJAPUR – 586 101. 2. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, KALABURAGI – 585 102. 3. THE S.L.A.O., MI, VIKAS BHAVAN, KALABURAGI – 585 102. 4. THE DEPUTY COMMISSIONER, KALABURAGI – 585 102. 5. THE SECRETARY, MINOR IRRIGATION DEPARTMENT, VIKAS SOUDHA, BANGALURU – 560 006. …RESPONDENTS (BY SRI MAQBOOL AHMED, A.G.A.) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3349 MSA No. 200041 of 2018 THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH COSTS AND MODIFY THE JUDGMENT AND AWARD OF THE CIVIL JUDGE (SR.DN.), SEDAM, DATED 03.12.2004 IN LAC NO.43/2004, AND ALSO THE JUDGMENT AND AWARD OF III ADDITIONAL DISTRICT JUDGE, KALABURAGI, DATED 27.08.2014 IN LACA NO.111/2012, AND FIX THE MARKET VALUE FOR LAND ACQUIRED AT THE RATE OF RS.1,15,750/- PER ACRE FOR DRY LAND AND AWARD ALL STATUTORY BENEFITS, INCLUDING INTEREST ON THE ENTIRE COMPENSATION AMOUNT. AND GRANT ANY OTHER RELIEF, WHICH THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Though appeal is listed for orders, with consent of learned counsel for parties, it is taken up for final disposal. 2. Challenging judgment and award dated 27.08.2014 passed by III-Additional District Judge, Kalaburagi, in LACA.no.111/2012 and judgment and award dated 03.12.2004 passed by Civil Judge (Sr.Dn.) Sedam in LAC.no.43/2004, this appeal is filed. 3. Learned counsel for appellant submits that subject matter of appeal i.e. assessment of market value of lands acquired for construction of tank in Bannahatti village, - 3 - HC-KAR NC: 2025:KHC-K:3349 MSA No. 200041 of 2018 Kalaburagi taluk by notification issue under Section 4(1) of L.A. Act of 08.07.1999. 4. It is submitted that in respect of same village for same purpose another branch of lands were acquired under preliminary notification dated 09.07.1999. Award therein was subject matter in MSA no.200031/2017 and connected matters disposed of on 27.03.2024 wherein market value was re- determined at Rs.3,05,434/- per acre, same would cover present appeal and seeks for disposal. 5. Learned AGA appearing for respondents accede to said submission. 6. Taking note of same appeal is disposed of holding appellant is entitled for market value of Rs.3,05,434/- per acre with all statutory benefits. Consequently, following: ORDER (i) Appeal is allowed in part with costs. (ii) Appellant is held entitled for compensation at Rs.3,05,434/- per acre with all statutory benefits excluding interest for a period of 1517 days as per order dated 30.01.*2020 and 24.06.2025 respectively. * Corrected vide Chamber order dated 23.07.2025. - 4 - HC-KAR NC: 2025:KHC-K:3349 MSA No. 200041 of 2018 (iii) Since appellant has restricted his claim in appeal however award amount is more than same, he would be required to pay deficit Court fee. (iv) Registry to draw decree only after payment of deficit Court fee. In case deficit Court fee is not paid within eight weeks from today, claimant would not be entitled for interest from today till payment of Court fee. Sd/- (RAVI V HOSMANI) JUDGE SN,MSR List No.: 1 Sl No.: 14 Ct;Vk