- 1 - HC-KAR NC: 2025:KHC-D:8109 MFA No. 100670 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100670 OF 2019 (LAC) BETWEEN: SATYAPPA S/O. SHANKREPPA NINGANNAVAR. SINCE DECEASED BY HIS LR’S., 1A. SMT. KASTURI W/O SATYAPPA NINGANNAVAR, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, 1B. SMT. MUTTAVVA W/O GURUBASU CHAMAKERI, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, 1C. SMT. SUREKHA W/O MURTHAND MARADI, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, 1D. SMT. BASAVVA W/O CHANDRAKANT CHAMAKERI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, 1E. SHRI ADIVEPPA S/O SATYAPPA NINGANNAVAR, AGE: 33 YEARS, OCC: AGRICULTURE, ALL ARE R/O. KADAKOL, TQ: JAMAKHANDI, DIST: BAGALKOT-587 119. … APPELLANTS (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: THE SPECIAL LAND ACQUISITION OFFICER, U.K.P., JAMAKHANDI-587 301. … RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 10.02.2010 PASSED IN L.A.C. NO.231/2007 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN), JAMKHANDI, AT: JAMKHANDI. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8109 MFA No. 100670 of 2019 THIS APPEAL, COMING ON FOR HEARING-INTERLOCUTORY APPLICATION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant, challenging the judgment and award dated 10.02.2010, passed by the Additional Civil Judge and (Sr.Dn), Jamkhandi (for short ‘the reference Court’) in LAC No.231/2007, seeking enhancement of compensation. 2. Heard the arguments of learned counsels appearing for both the sides and perused the materials placed before this Court. 3. It is the case of the claimant that the land bearing R.S.No.132/3, measuring 32 guntas, situated in Kadakol village was acquired by the respondent for the purpose of Upper Krishna Project under the Preliminary Notification dated 15.03.2003. The Special Land Acquisition Officer (SLAO) has passed an award awarding compensation of Rs.64,635/- per acre and the reference Court has enhanced - 3 - HC-KAR NC: 2025:KHC-D:8109 MFA No. 100670 of 2019 it to Rs.1,80,000/- per acre excluding phot kharab area, if any, with all statutory benefits. Being dissatisfied, the appellant has preferred this appeal. 4. Learned counsel for appellants submitted that in a similar facts and circumstances, involving the same notification, same village and same project this Court has enhanced the compensation amount to Rs.2,35,000/- per acre with all statutory benefits. Therefore, he prays for enhancement of the compensation in terms of judgment of this Court in the case of Satteppa S/o Shankreppa Ningannavar vs. The Special Land Acquisition Officer1. On the ground of parity, the appellant seek similar compensation in this appeal also. 5. In the present case, the Preliminary Notification was issued on 15.03.2003 and acquisition took place on 02.06.2004. Therefore, the claimant is entitled for escalation, The Supreme Court in the case Central Warehousing Corporation vs. Thakur Dwara Kalan UI- 1 MFA 100306/2016 dated 19.01.2018 - 4 - HC-KAR NC: 2025:KHC-D:8109 MFA No. 100670 of 2019 Maruf Baraglan Wala and others in Special Leave to Appeal (C) 30817-30818/2016 held in paragraph No.24 as follows regarding escalation: Taking an overall view in the matter and the consistent view of this Court, the fair and reasonable compensation in the present case would be best determined if we apply 8% annual increase with cumulative effect. This is for the reason that the gap is huge i.e. 11 years. For shorter period of 3-5 years, it could have been 10% or 12%. But in no case 15% would be justified for a period of 11 years as awarded by the High Court in the impugned order. In the present case, given the 11 years gap, 8% would be considered just and proper. 6. Therefore, in the present case as well, pursuant to the Preliminary Notification, dated 15.03.2003, the claimant is entitled to escalation at 10% over the compensation awarded, i.e., Rs.2,35,000/- per acre, along with all statutory benefits, interest and costs, excluding any delayed period. 7. The Preliminary Notification, dated 15.03.2003 pertains to the acquisition of land bearing R.S.No.132/3, situated at Kadakol village. The SLAO awarded at the rate of Rs.64,635/- per acre in respect to the adjacent lands, in the - 5 - HC-KAR NC: 2025:KHC-D:8109 MFA No. 100670 of 2019 very same village, for the same Project i.e., Upper Krishna Project. This Court, in the case of Satteppa S/o Shankreppa Ningannavar (stated supra), enhanced the compensation to Rs.2,35,000/- per acre. Since the land in the present appeal is located in the same village, adjacent to the land in the aforementioned case and both were acquired under the same notification for the same purpose, hence, the appellants are also entitled to compensation on par with the compensation awarded in the above cited case. 8. Accordingly, the present appeal is squarely covered by the said judgment. Hence, the appeal deserves to be allowed in part. Therefore, this Court proceed to pass the following: ORDER i. The appeal is allowed in part with costs. ii. The judgment and award dated 10.02.2010, passed by the Addl.Civil Judge (Sr.Dn), Jamakhandi, in LAC No.231/2007, is modified by determining the market value for the - 6 - HC-KAR NC: 2025:KHC-D:8109 MFA No. 100670 of 2019 acquired land at the rate of Rs.2,35,000/- per acre, as against Rs.1,80,000/- awarded by the reference Court along with escalation at 10% over the compensation awarded. iii. The appellant is entitled for the compensation along with all statutory benefits and interest. iv. Rest of the observations made by the reference Court are left undisturbed. v. Then Registry to draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RHR CT:BCK LIST NO.: 1 SL NO.: 19