- 1 - HC-KAR NC: 2025:KHC:18542-DB MFA No. 1219 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.1219 OF 2016 (LAC) BETWEEN: A.G.ESHWARAPPA DEAD BY HIS LEGAL HEIRS REKHA D/O A G ESHWARAPPA W/O SOMASHEKARAPPA DEAD BY HER LRS 1. SOMASHEKARAPPA S/O LATE THIRTHAPPA AGED ABOUT 57 YEARS ENGINEER IN KEB(MESCOM) R/O H.NO.38/1, 3RD CROSS JAYANAGAR SHIVAMOGGA CITY-577201. 2. T S MANOJ S/O SOMASHEKARAPPA AGED ABOUT 26 YEARS R/O H.NO.38/1, 3RD CROSS JAYANAGAR SHIVAMOGGA CITY-577201. Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18542-DB MFA No. 1219 of 2016 PRASANNA S/O LATE ESHWARAPPA DEAD BY HIS LEGAL HERIS 3. SUMA W/O LATE PRASANNA AGED ABOUT 47 YEARS OCC:HOME MAKER R/O AREBILACHI VILLAGE BHADRAVATHI TALUK-577 301. SHIVAMOGGA DISTRICT. 4. KUM HARSHITHA D/O LATE PRASANNA AGED ABOUT 22 YEARS R/O H.NO.38/1, 3RD CROSS JAYANAGAR SHIVAMOGGA CITY-577201. 5. AMITH S/O LATE PRASANNA AGED ABOUT 19 YEARS STUDENT R/O H.NO.38/1, 3RD CROSS JAYANAGAR SHIVAMOGGA CITY-577201. …APPELLANTS (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER UPPER TUNGA PROJECT SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201. - 3 - HC-KAR NC: 2025:KHC:18542-DB MFA No. 1219 of 2016 2. THE EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAMA LIMITED, UPPER TUNGA PROJECT SHIVAMOGGA DISTRICT SHIVAMOGGA-577201 …RESPONDENTS (BY SRI. B.R.PRASHANTH, ADVOCATE) THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT PRAYING TO A)CALL FOR ENTIRE RECORDS IN L.A.C.NO.128/2004 ON THE FILE OF THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE, SHIVAMOGGA; B) FIX THE MARKET VALUE OF THE ACQUIRED LAND OF THE APPELLANTS AT RS.150/- PER SQUARE FEET ALONG WITH OTHER BENEFITS AS ALLOWED UNDER SECTION 23 OF THE ACT BY MODIFYING THE JUDGMENT AND AWARD DATED 22.04.2013 IN L.A.C.NO.128/2004 ON THE FILE OF THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE, SHIVAMOGGA; C) PASS SUCH OTHER SUITABLEL JUDGMENT AND AWARD AS THIS HON’BLE COURT DEEMS IT APPROPRIATE IN THE ADMITTED FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE; D)AWARD THE COST OF THIS PROCEEDING. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 4 - HC-KAR NC: 2025:KHC:18542-DB MFA No. 1219 of 2016 ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE ANU SIVARAMAN) 1. This appeal is preferred by the appellants challenging the award of compensation granted at the rate of Rs.105/- per sq.ft. in respect of the lands acquired for implementation of the Upper Thunga Project. The order dated 22.04.2013 of the Principal Senior Civil Judge, Shivamogga passed in LAC No.128/2004 is under challenge. 2. It is submitted that the property in question in this appeal is 29 guntas of land in Sy.No.111/1 of Sominakoppa Village, Kasaba Hobli, Shivamogga Taluk and District. It is submitted by the learned counsel for the appellants that the compensation has been granted at the rate of Rs.105/- per sq.ft by the Reference Court. 3. However, it is submitted that the compensation in respect of property acquired under the same notification - 5 - HC-KAR NC: 2025:KHC:18542-DB MFA No. 1219 of 2016 from the very same survey number in the same village had been enhanced to Rs.150/- per sq.ft in MFA No.3364/2012 and connected cases. It is submitted that in respect of the identical matters from the same village, which had been taken up to the Hon’ble Apex Court by the respondents, by its order dated 25.04.2024, the grant of Rs.150/- per sq.ft in respect of the acquired lands from the very same village stands confirmed. The copies of the orders of the Hon’ble Apex Court in C.A.No.5338/2024 in S.L.P.No.2479/2022 have been produced by the appellants. 4. Having considered the contentions, we notice that this Court in MFA No.3364/2012 and connected cases has granted enhanced compensation at the rate of Rs.150/- per sq.ft in respect of the properties acquired under the very same notification from the very same village ie., Sominakoppa village of Shivamogga Taluk and District. We also notice that the said grant of compensation at the rate of Rs.150/- per sq.ft has been affirmed by the Hon’ble - 6 - HC-KAR NC: 2025:KHC:18542-DB MFA No. 1219 of 2016 Apex Court as contended by the learned counsel appearing for the appellant. 5. In the above view of the matter, we are of the opinion that in view of the fact that the acquisition is under the same notification and the land covered in this appeal is in Sy.No.111/1 of Sominakoppa village of Kasaba Hobli, Shivamogga Taluk and District and since the matters are identical, the appellants herein are also entitled to compensation at the same rate. 6. For the abovementioned reasons, we proceed to pass the following; (i) The appeal is allowed. (ii) It is ordered that the compensation to be granted for the acquired land of 29 guntas in Sy.No.111/1 of Sominakoppa Village, Kasaba Hobli, Shivamogga Taluk and District shall be fixed at Rs.150/- per sq.ft with all - 7 - HC-KAR NC: 2025:KHC:18542-DB MFA No. 1219 of 2016 statutory benefits. The enhanced amount shall also carry statutory interest. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (Dr.K.MANMADHA RAO) JUDGE GH List No.: 1 Sl No.: 38