- 1 - NC: 2025:KHC:15254-DB MFA No. 1423 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE MR JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 1423 OF 2023 BETWEEN: EXECUTIVE ENGINEER KNNL, UTP DIVISION, SHIVAMOGGA …APPELLANT (BY SRI. PRASHANTH B.R, ADVOCATE) AND: 1. DASAPPA SINCE DECEASED H. CHANDRAPPA, S/O HALAPPA, AGED ABOUT 41 YEARS 2. SMT. THARA W/O RAVIKUMAR, BOTH ARE RESIDENT OF BOMMANAKATTE, SHIVAMOGGA TALUK 3. SMT. BHAGYA D/O HALAPPA, AGED ABOUT 39 YEARS, R/O UPPARA BEEDI, NEAR TANK, HOLEHONNUR, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT. Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15254-DB MFA No. 1423 of 2023 4. SMT. DEVAKI W/O RAMAPA, AGED ABOUT 62 YEARS, 5. NAVEENA KUMAR R S/O RAMAPPA, AGED ABOUT 62 YEARS, 6. MANOHAR R S/O RAMAPPA, PETITIONER NO.4 TO 6 ARE R/O AYANUR VILLAGE, SHIVAMOGGA TALUK AND DISTRICT 7. THE SPECIAL LAND ACQUISITION OFFICER UPPER THUNGA PROJECT, SHIVAMOGGA …RESPONDENTS THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 13.07.2022 PASSED IN LAC NO.8/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, PARTLY ALLOWING THE REFERENCE FILED UNDER SECTION 28A OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE RAJESH RAI K - 3 - NC: 2025:KHC:15254-DB MFA No. 1423 of 2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE RAJESH RAI K) The State has preferred this appeal challenging the judgment and award dated 13.07.2022 passed in LAC No.8/2021 by the Principal Senior Civil Judge and CJM at Shivamogga (for short ‘the Reference Court’), whereby the Reference Court partly allowed the claim petition filed under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') by respondent Nos.1 to 6/claimants. 2. For the sake of convenience, the parties are referred to as they referred before the Reference Court. 3. The abridged facts apposite for consideration are as under: Claimant Nos.1 to 3 are the legal heirs of Halappa and claimant Nos.4 to 6 are the legal heirs of Ramappa. The said Halappa and Ramappa are the children of original claimant i.e., deceased Dasappa, who was the owner of the property bearing Sy.No.59 measuring 37 guntas situated at Bommanakatte village, Shivamogga. The said property was acquired by respondent No.1-Special Land Acquisition Officer for the purpose of formation of Upper Tunga Project. Even though - 4 - NC: 2025:KHC:15254-DB MFA No. 1423 of 2023 respondent No.2 has awarded very meagre compensation at the rate of Rs.97,031/- per acre, Dasappa received the compensation under protest, but failed to prefer any application under Section 18 of the Act seeking enhancement of compensation. Subsequent to passing the judgment and award in LAC No.1/2017, the claimants filed application under Section 28A of the Act, which came to be rejected. Aggrieved by the same, the claimants filed L.A.Misc.No.51/2018, which came to be allowed by Reference Court and pursuant to the said order, the claimants preferred LAC No.8/2021, which is challenged in this appeal. 4. To prove the claim before the Reference Court, claimant No.6 examined himself as PW.1 and marked 10 documents as Exs.P1 to P10. The respondents did not adduce any evidence on their behalf. 5. On assessment of oral and documentary evidence, the Reference Court partly allowed the claim petition filed by the claimants and awarded compensation and passed the following: " ORDER (1) The reference U/s 28A of the Land Acquisition Act is partly allowed with costs. - 5 - NC: 2025:KHC:15254-DB MFA No. 1423 of 2023 (2) The claimants are entitled for enhanced compensation at the rate of Rs. 105/- per sq ft in respect of 37 guntas of land in Sy. No. 59, situated at Bommanakatte, Shivamogga. (3) The claimants are also entitled for solatium at the rate of 30% p.a. U/s 23(2) of the Land Acquisition Act on the enhanced amount, less the amount already received. (4) The claimants are also entitled for an additional amount on the market value at 12% p.a. U/s 23(1)(a) of the Land Acquisition Act, from the date of preliminary notification till the date of award until the date of dispossession, whichever is earlier, less the amount already received. (5) The claimants are also entitled for interest at the enhanced compensation at 9% p.a. from the date of taking possession of the property till the date of payment of such enhanced compensation amount into the court and if the said amount remains unpaid beyond one year, the rate of interest shall be 15% p.a. (6) Advocate fee is fixed at Rs.1000/-. (7) Draw award accordingly." Aggrieved by the above judgment and award, the State has preferred this appeal. 6. We have heard learned counsel for the appellant and learned counsel for the respondents and perused the material on record. - 6 - NC: 2025:KHC:15254-DB MFA No. 1423 of 2023 7. Learned AGA for the appellant submitted that the Reference Court grossly erred while enhancing the compensation without appreciating the legal evidence and material on record. It is evident from the records that after acquisition of land in question, Dasappa i.e., the father of respondents Nos.1 to 6 received the entire compensation awarded by the Land Acquisition Officer. He further submitted that the land in question is behind the National Highway and the same will not fetch even 1/5th of the commercial value. That being a true fact, the Reference Court erred in comparing the land in question with the land in MA No.12/2008, wherein land was abutting the National Highway and awarding compensation is erroneous. Accordingly, he prays to allow the appeal and set-aside the judgment and award passed by the Reference Court. 8. Per contra, learned counsel for the respondents justifies the judgment and award passed by the Reference Court and prays to dismiss the appeal. 9. On perusal of the record, it is clear that as per the check list, the Land Acquisition officer has acquired the land - 7 - NC: 2025:KHC:15254-DB MFA No. 1423 of 2023 under 4(1) notification dated 30.10.1997, and award was passed on 26.02.1999, and the claimant has not filed protest petition under Section 18 of the Act. Thereafter, he filed petition under Section 28A of the Act and the said petition came to be rejected. Being aggrieved, the claimants preferred L.A.Misc No.51/2018 before the Reference Court seeking for reference by condoning the delay and the said petition was allowed and direction was issued for reference and so the reference made was based on the direction issued by the Reference Court. So far as the inadequacy of the compensation is concerned, PW.1 has relied upon Ex.P2 to Ex.P10 which shows properties acquired under similar notification, compensation is awarded at the rate of Rs.105/- per Sq. Feet. 10. The Reference Court, by relying on certain decisions rendered by the Hon'ble Apex Court and this Court, has enhanced the compensation at the rate of Rs.105/- per Sq.Ft. pertaining to acquired property on the ground that the compensation for the properties of others acquired for Tunga Upper Channel was also awarded at Rs.105/- Sq.Ft. Moreover, the Co-ordinate Bench of this Court in M.F.A No.2739/2015 c/w M.F.A No.2295/2015 dated 29.11.2024 by allowing the appeal - 8 - NC: 2025:KHC:15254-DB MFA No. 1423 of 2023 filed by the claimants in respect of inadequate compensation granted by the Reference Court pertaining to the land bearing Sy.Nos.33 and 47 of Basavanagangur Village, Shivamogga Taluk acquired for Upper Thunga Project, fixed the market rate at Rs.105/- per sq.ft. 11. In view of the above, we find no error in the judgment and award passed by the Reference Court. Accordingly, we proceed to pass the following: ORDER The appeal is dismissed being devoid of merits. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE VM List No.: 1 Sl No.: 16