- 1 - HC-KAR NC: 2025:KHC:38348 MSA No. 173 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO.173 OF 2024 (LA) BETWEEN: SRI CHANDRAPPA S/O CHANNAPPA, AGED ABOUT 72 YEARS, R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-562157 …APPELLANT (BY SRI SUBHASH.R FOR SRI MANOJ KUMAR J.Y, ADVOCATES) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER H R P -2, 1ST FLOOR, DEPUTY COMMISSIONER BUILDING, HASSAN-560058 2. KAVERI NEERAVARI NIGAMA K.R.S. ROAD, GOKULAM 4TH STAGE, MYSORE, HASSAN-570 020. …RESPONDENTS (BY SRI GOPALAKRISHNA SOODI, AGA FOR R1; SRI B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE ORDER DATED 18.04.2022 PASSED IN LAC (APPEAL) No.199/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38348 MSA No. 173 of 2024 JUDGMENT AND DECREE DATED 11.03.2016 PASSED IN LAC.30/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARKALGUD, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri Subhash R., appearing on behalf of Sri Manoj Kumar J.Y., counsel for the appellant, Sri Gopalakrishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri B.R. Prashanth, learned counsel for respondent No.2. 2. The claimant is the appellant seeking enhancement of the compensation for the acquired land for the purpose of Adike Bommanahalli Lift Irrigation Channel Project. 3. In respect of the lands acquired for the aforesaid project, the matter finally got decided before this Court in MSA No.25/2023 c/w MSA No.24/2023 by order dated 15.11.2024, wherein Co-ordinate Bench of this Court has fixed the compensation amount in a sum of Rs.45,000/- per gunta as against the reassessment of the compensation of Rs.35,000/- - 3 - HC-KAR NC: 2025:KHC:38348 MSA No. 173 of 2024 per gunta made by the First Appellate Court in respect of acquired land. 4. Sri B.R. Prashanth, learned counsel for respondent No.2 submits that to the best of his knowledge, no appeal has been preferred and as such the order dated 15.11.2024 has become final. 5. In view of the above factual aspects, the land which is acquired of the appellant is also for the same project, appellant would be entitled for compensation at the rate of Rs.45,000/- per gunta. Accordingly, the following: ORDER (i) Miscellaneous Second Appeal is allowed. (ii) Appellant would be entitled to compensation for the loss of land which was acquired for the purpose of Adike Bommanahalli Lift Irrigation Channel Project at the rate of Rs.45,000/- per gunta with consequential reliefs, less the interest - 4 - HC-KAR NC: 2025:KHC:38348 MSA No. 173 of 2024 for the delayed period of 872 days in filing the appeal. (iii) Office is directed to pass the modified award. Sd/- (V SRISHANANDA) JUDGE MR