- 1 - NC: 2025:KHC-D:4167-DB MFA No. 102078 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.102078 OF 2014 (LAC) BETWEEN: KARNATAKA NEERAVARI NIGAM LTD., REPRESENTED BY ITS EXECUTIVE ENGINEER, UPPAR TUNGA PROJECT, KAMADOD ROAD, RANEBENNUR, DIST: HAVERI. …APPELLANT (BY SRI SHIVARAJ C.BELLAKKI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, D.C. COMPLEX, DEVAGIRI ROAD, HAVERI DISTRICT, HAVERI. 2. THE SPECIAL LAND ACQUISITION OFFICER, UPPAR TUNGA PROJECT, KAMADOD ROAD, RANEBENNUR, DIST: HAVERI. 3. SRI. NINGAPPA S/O. FAKIRAPPA KAATI, SINCE DECEASED BY HIS LRS. 3(A) SMT. NIGAMMA W/O. NINGAPPA KAATI, AGE. 50 YEARS, OCC. HOUSE HOLD WORK, 3(B) SRI. MAHESHAPPA NINGAPPA KAATI, AGE. 27 YEARS, OCC. AGRICULTURE, 3(C) SRI. NAGARAJ NINGAPPA KAATI, AGE. 24 YEARS, OCC. AGRICULTURE, 3(D) SRI. DILLEPPA NINGAPPA KAATI, AGE. 22 YEARS, OCC. AGRICULTURE, 3(E) SMT. MANJULA W/O. PARASHURAM BEVINAMARAD, AGE. 29 YEARS, OCC. HOUSE HOLD WORK, ALL ARE R/O. RANEBENNUR, HAVERI. …RESPONDENTS Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4167-DB MFA No. 102078 of 2014 (BY SRI MADANMOHAN M.KHANNUR, AGA FOR R1 AND R2; SRI N.R. KUPPELUR, ADVOCATE FOR R3(A) TO R3(E)) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR IN LAC NO.51/2010 DATED 28.06.2013, FURTHER, IF THIS COURT IS PLEASED TO HOLD THAT THE CLAIMANTS DESERVES ENHANCEMENT OF MARKET VALUE OF THE ACQUIRED LAND THE SAME BE REDUCED TO RS.1,00,000/- PER ACRE AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Though this appeal is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. The present appeal is filed under Section 54(1) of the Land Acquisition Act, 18941, challenging the judgment and award dated 28.06.2013, passed in LAC No.51/2010, by the Court of Principal Senior Civil Judge & JMFC, Ranebennur2. 3. The beneficiary is before this Court aggrieved by the quantum of compensation awarded to the claimants. 1 Hereinafter referred to as the ‘Act’ 2 Hereinafter referred to as the ‘LAC Court’ - 3 - NC: 2025:KHC-D:4167-DB MFA No. 102078 of 2014 4. The land in Sy.No.90/1+2A measuring 2 acres 13 guntas and Sy.No.90/1+2B measuring 1 acre 00 gunta of Koonabevu village along with other lands of the said village were notified for acquisition under preliminary notification U/s.4(1) of the Act, published in the Karnataka Official Gazette dated 18.08.2005, for construction of Upper Tunga Project. The award was passed on 20.01.2009, by determining the market value at ₹37,000/- per acre in respect of acquired lands of Kunabevu village of Ranebennur Taluk. The claimants/land owners not being been satisfied with the quantum of compensation awarded, sought reference. In LAC No.51/2010, the market value of lands in question was enhanced to ₹3,71,800/- per acre. Being aggrieved by the quantum of compensation, the appellant/beneficiary has preferred the present appeal. 5. Heard learned counsel Sri.Shivaraj C. Bellakki for the appellant, learned counsel Sri.N.R.Kuppelur for respondents No.3(A to E) and learned AGA Sri.Madanmohan M. Khannur for respondent Nos.1 and 2. Perused the material available on record. - 4 - NC: 2025:KHC-D:4167-DB MFA No. 102078 of 2014 6. The learned counsel Sri.Shivaraj.C.Bellakki for the appellant as well as the learned counsel Sri.N.R.Kuppelur for the respondents/claimants would submit that the appellant/beneficiary filed appeal before the Court of II Additional District and Sessions Judge, Haveri, sitting at Ranebennur, questioning the quantum of compensation awarded in LAC No.78/2010 which was also notified for acquisition under the same notification dated 18.08.2005. In the said appeal in M.A.No.251/2014, the beneficiary and claimants have settled the dispute by filing compromise petition, agreeing to receive ₹3,63,000/- per acre with all statutory benefits as awarded by the LAC Court. Hence, learned counsel prays for disposal of the appeal by taking note of the fact that the appellant/beneficiary has agreed to pay compensation of ₹3,63,000/- per acre for the lands acquired under the same notification dated 18.08.2005, in respect of Kunabevu village of Ranebennur Taluk, for the purpose of construction of Upper Tunga Project. 7. In view of the fact that the appellant/beneficiary has agreed to pay a compensation of ₹3,63,000/- per acre in respect of the lands acquired in Kunabevu village under the - 5 - NC: 2025:KHC-D:4167-DB MFA No. 102078 of 2014 same notification dated 18.08.2005, there is no need of again determining the land value in the present appeal. The learned counsel Sri.N.R.Kuppelur also consented for considering the same amount as land value for the lands acquired herein. 8. From the above facts and circumstances, the appeal is liable to be allowed. Hence, we proceed to pass the following: ORDER i) The appeal is allowed. ii) The judgment and award 28.06.2013, passed in LAC No.51/2010, by the Court of Principal Senior Civil Judge & JMFC, Ranebennur, is modified holding that the claimants would be entitled for compensation for the lands acquired at the rate of ₹3,63,000/- per acre with statutory benefits as awarded by the LAC Court, as against ₹3,71,800/- per acre, determined by the LAC Court. iii) Draw modified award accordingly. - 6 - NC: 2025:KHC-D:4167-DB MFA No. 102078 of 2014 iv) No order as to cost. v) The Trial Court records to be sent forthwith. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 14