- 1 - HC-KAR NC: 2025:KHC-K:3501 MSA No. 200034 of 2021 C/W MSA No. 200088 of 2021 MSA No. 200089 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL SECOND APPEAL NO. 200034 OF 2021 (LA) C/W MISCL SECOND APPEAL NO. 200088 OF 2021(LA) MISCL SECOND APPEAL NO. 200089 OF 2021(LA) IN M.S.A.NO.200034/2021 BETWEEN: 1. SIDDAPPA S/O BASAPPA BY LRS BASAWARAJ S/O SIDDAPPA BY LRS. IRANNA S/O LATE BASAWARAJ, AGE: 46 YEARS, OCC: AGRICULTURE, 2. ISHWARAPPA S/O LATE BASAWARAJ, AGE: 41 YEARS, OCC. AGRICULTURE, 3. KUPENDRA S/O LATE BASAWARAJ, AGE: 38 YEARS, OCC: AGRICULTURE, 4. AYYANNA S/O LATE SIDDAPPA, AGE: 66 YEARS, OCC: AGRICULTURE, ALL R/O: ALLOLLI VILLAGE, Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3501 MSA No. 200034 of 2021 C/W MSA No. 200088 of 2021 MSA No. 200089 of 2021 TQ: CHITTAPUR, DIST: KALABURAGI – 585 101. …APPELLANTS (BY SRI S.S. SAJJANSHETTY, ADVOCATE) AND: 1. THE SPL. LAND ACQUISITION OFFICER, M AND MIP, MINI VIDHAN SOUDHA, KALABURAGI – 585 102. 2. THE CHIEF ENGINEER, MI NORTH ZONE, BIJAPUR – 586 101. 3. THE EXECUTIVE ENGINEER, MI DIVN, GULBARGA, TQ. DIST: KALABURAGI – 585 102. 4. THE DEPUTY COMMISSIONER, MINI VIDHAN SOUDHA, KALABURAGI – 585 102. …RESPONDENTS (BY SMT. ARCHANA P. TIWARI, AGA. AND SRI MAQBOOL AHMED, AGA) THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 09.11.2015 PASSED BY THE I ADDITIONAL DISTRICT JUDGE AT KALABURAGI IN LAC APPEAL NO.153/2014 VIDE ANNEXURE-I, AND PLEASED TO MODIFY BY ALLOWING THE APPEAL BY ENHANCING THE COMPENSATION AT RS.2,40,586/- PER ACRE DRY LAND FROM RS.91,400/- PER ACRE AS AWARDED BY THE 1ST APPELLATE COURT, AND ANY OTHER SUITABLE ORDERS DEEMED FIT AND FOUND ENTITLED MAY ALSO BE PASSED AND WITH ALL STATUTORY BENEFITS, INTEREST AND WITH COST, TO MEET THE REAL ENDS OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-K:3501 MSA No. 200034 of 2021 C/W MSA No. 200088 of 2021 MSA No. 200089 of 2021 IN M.S.A.NO.200088/2021 BETWEEN: SHANKREPPA S/O LATE SIDDALINGAPPA AGED ABOUT 86 YEARS, OCC: AGRICULTURE, NOW NIL, R/O: ALLOLI VILLAGE, TQ: CHITTAPUR, DIST: KALABURAGI – 585 101. …APPELLANT (BY SRI S.S. SAJJANSHETTY, ADVOCATE) AND: 1. THE SPL. LAND ACQUISITION OFFICER, M AND MIP, MINI VIDHAN SOUDHA, KALABURAGI – 585 102. 2. THE CHIEF ENGINEER, MI NORTH ZONE, BIJAPUR – 586 101. 3. THE EXECUTIVE ENGINEER, MI DIVN, GULBARGA, TQ. DIST: KALABURAGI – 585 102. 4. THE DEPUTY COMMISSIONER, MINI VIDHAN SOUDHA, KALABURAGI – 585 102. …RESPONDENTS (BY SMT. ARCHANA P. TIWARI, AGA. AND SRI MAQBOOL AHMED, AGA) THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 09.11.2015 PASSED BY THE I ADDITIONAL DISTRICT JUDGE AT KALABURAGI IN LAC APPEAL NO.151/2014 VIDE ANNEXURE-I, AND PLEASED TO MODIFY BY ALLOWING THE APPEAL BY ENHANCING THE COMPENSATION AT RS.2,40,586/- PER ACRE DRY LAND FROM RS.91,400/- PER ACRE AS AWARDED BY THE 1ST - 4 - HC-KAR NC: 2025:KHC-K:3501 MSA No. 200034 of 2021 C/W MSA No. 200088 of 2021 MSA No. 200089 of 2021 APPELLATE COURT, AND ANY OTHER SUITABLE ORDERS DEEMED FIT AND FOUND ENTITLED MAY ALSO BE PASSED AND WITH ALL STATUTORY BENEFITS, INTEREST AND WITH COST, TO MEET THE REAL ENDS OF JUSTICE AND EQUITY. IN M.S.A.NO.200089/2021 BETWEEN: SMT. DURGAMMA W/O HAMPANNA @ AMPANNA AGED ABOUT 76 YEARS, OCC: AGRICULTURE, NOW NIL, R/O: ALLOLI VILLAGE, TQ: CHITTAPUR, DIST: KALABURAGI – 585 101. …APPELLANT (BY SRI S.S. SAJJANSHETTY, ADVOCATE) AND: 1. THE SPL. LAND ACQUISITION OFFICER, M AND MIP, MINI VIDHAN SOUDHA, KALABURAGI – 585 102. 2. THE CHIEF ENGINEER, MI NORTH ZONE, BIJAPUR – 586 101. 3. THE EXECUTIVE ENGINEER, MI DIVN, GULBARGA, TQ. DIST: KALABURAGI – 585 102. 4. THE DEPUTY COMMISSIONER, MINI VIDHAN SOUDHA, KALABURAGI – 585 102. …RESPONDENTS (BY SMT. ARCHANA P. TIWARI, AGA, AND SRI MAQBOOL AHMED, AGA) THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 09.11.2015 PASSED BY THE I ADDITIONAL DISTRICT - 5 - HC-KAR NC: 2025:KHC-K:3501 MSA No. 200034 of 2021 C/W MSA No. 200088 of 2021 MSA No. 200089 of 2021 JUDGE AT KALABURAGI IN LAC APPEAL NO.217/2014 VIDE ANNEXURE-I, AND PLEASED TO MODIFY BY ALLOWING THE APPEAL BY ENHANCING THE COMPENSATION AT RS.2,40,586/- PER ACRE DRY LAND FROM RS.91,400/- PER ACRE AS AWARDED BY THE 1ST APPELLATE COURT, AND ANY OTHER SUITABLE ORDERS DEEMED FIT AND FOUND ENTITLED MAY ALSO BE PASSED AND WITH ALL STATUTORY BENEFITS, INTEREST AND WITH COST, TO MEET THE REAL ENDS OF JUSTICE AND EQUITY. THESE MSA’S, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT With consent of learned counsel for both parties, appeals are taken for final disposal. 2. Sri SS Sajjanshetty, learned counsel for appellants submits that this Court in MSA no.200087/2021 had allowed claimants appeal for enhancement with costs and re- determined market value in LACA no.152/2014 on file of I Addl. District Judge, Kalaburagi to Rs.2,40,586/- per acre dry land. It was submitted, while passing said order, this Court had denied interest for period of delay. He submits that present appeals are filed challenging awards in LACA nos.151/2014, 153/2014 and 217/2014, which were disposed of by common judgment and award along with LACA no.152/2014 and therefore, - 6 - HC-KAR NC: 2025:KHC-K:3501 MSA No. 200034 of 2021 C/W MSA No. 200088 of 2021 MSA No. 200089 of 2021 appeals are squarely covered by decision in MFA no.200087/2021. 3. Smt.Archana P Tiwari, learned Additional Advocate General appearing for Sri Maqbool Ahmed, learned Additional Government Advocate for respondents would fairly admit legal position. 4. Heard counsel and perused impugned judgment and award. 5. On perusal of impugned judgment and award, herein it is seen that appellate Court disposed off LACA nos.151/2014, 152/2014, 153/2014 and 217/2014 by common judgment dated 09.11.2015. MSA no.200087/2021 was against judgment and award in LACA no.152/2014. It is also seen while allowing appeal, this Court had condoned delay in filing appeal by denying interest for period of delay. Since, present appeals arise out of very same common judgment, re-determination of market value in MSA no.200087/2021 would squarely apply for present appeals. 6. Consequently, following: - 7 - HC-KAR NC: 2025:KHC-K:3501 MSA No. 200034 of 2021 C/W MSA No. 200088 of 2021 MSA No. 200089 of 2021 ORDER i. MSA nos.200034/2021, 200088/2021 and 200089/2021 are allowed in part with costs. ii. Judgment and award dated 09.11.2015 passed by I Addl. District Judge, Kalaburagi in LACA nos.151/2014, 153/2014 and 217/2014 are modified awarding compensation of Rs.2,40,586/- per acre of dry land with all statutory benefits. Sd/- (RAVI V HOSMANI) JUDGE NJ List No.: 1 Sl No.: 32