- 1 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA M.F.A. NO. 103324/2016 C/W. M.F.A. NO.103318/2016, M.F.A. NO. 103319/2016, M.F.A. NO. 103320/2016, M.F.A. NO. 103321/2016, M.F.A. NO. 103322/2016, M.F.A. NO. 103323/2016 AND M.F.A. NO. 103325/2016 (LAC) IN MFA NO.103324/2016 BETWEEN JAVVADI RAMESH S/O. BHASKARA RAO, AGE 40 YEARS, OCC. AGRICULTURE, R/O. BIDARALLI, TQ. MUNDARGI, DIST. GADAGI-582101. - APPELLANT (BY SRI. LINGRAJ MARADI, ADVOCATE) AND 1. SPECIAL LAND ACQUISITION OFFICER, SINGATALUR LIFT IRRIGATION PROJECT, HUVINAHADAGLI. 2. THE EXECUTIVE ENGINEER, SINGATALUR LIFT IRRIGATION PROJECT, DIVISION-1, KARNATAKA, NEERAVARI LTD., MUNDRAGI. 3. THE EXECUTIVE ENGINEER, DEPARTMENT OF REHABILITATION AND RE-SETTLEMENT, KNNL, DIVISION NO.2, HOOVINAHADAGLI, DIST. BELLARY. - RESPONDENTS (BY SRI. DAYANAND SANGARESHI, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R2 & R3) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM GADAG IN LAC NO.3/2013 DATED 27.10.2014 AND ETC. IN MFA NO.103318/2016 BETWEEN BALI VEERABHADRAPPA S/O. KOTRAPPA, AGE 61 YEARS, OCC: AGRICULTURE, R/O. BIDARALLI, TQ. MUNDARGI, DIST. GADAG-582101. - APPELLANT (BY SRI. LINGRAJ MARADI, ADVOCATE) AND 1. SPECIAL LAND ACQUISITION OFFICER, SINGATALUR LIFT IRRIGATION PROJECT, HUVINAHADAGLI. 2. THE EXECUTIVE ENGINEER, SINGATALUR LIFT IRRIGATION PROJECT, DIVISION-1, KARNATAKA, NEERAVARI LTD., MUNDRAGI. 3. THE EXECUTIVE ENGINEER, DEPARTMENT OF REHABILITATION AND RE-SETTLEMENT, KNNL, DIVISION NO.2, HOOVINAHADAGLI, DIST. BELLARY. - RESPONDENTS (BY SRI. DAYANAND SANGARESHI, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADV. FOR R2 & R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM GADAG IN LAC NO.12/2013 DATED 27.10.2014 AND ETC. - 3 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS IN MFA NO.103319/2016 BETWEEN 1. SRI. ANGADI FAKIRAPPA S/O. SURESH, AGE 48 YEARS, OCC: AGRICULTURE. 2. SRI. PARASURAM S/O. SURESH, AGE 45 YEARS, OCC: AGRICULTURE, BOTH ARE R/O.BIDARALLI, TQ. MUNDARGI, DIST. GADAG. - APPELLANTS (BY SRI. LINGRAJ MARADI, ADVOCATE) AND 1. SPECIAL LAND ACQUISITION OFFICER, SINGATALUR LIFT IRRIGATION PROJECT, HUVINAHADAGLI. 2. THE EXECUTIVE ENGINEER, SINGATALUR LIFT IRRIGATION PROJECT, DIVISION-1, KARNATAKA, NEERAVARI LTD., MUNDRAGI. 3. THE EXECUTIVE ENGINEER, DEPARTMENT OF REHABILITATION AND RE-SETTLEMENT, KNNL, DIVISION NO.2, HOOVINAHADAGLI, DIST. BELLARY. - RESPONDENTS (BY SRI. DAYANAND SANGARESHI, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R2 & R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM GADAG IN LAC NO.5/2013 DATED 27.10.2014 AND ETC. - 4 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS IN MFA NO.103320/2016 BETWEEN SMT. GADAMUDI DRAKSHAYANI W/O. SOMAPPA, AGE 55 YEARS, OCC: AGRICULTURE, R/O. BIDARALLI, TQ. MUNDARGI, DIST. GADAG. - APPELLANT (BY SRI. LINGRAJ MARADI, ADVOCATE) AND 1. SPECIAL LAND ACQUISITION OFFICER, SINGATALUR LIFT IRRIGATION PROJECT, HUVINAHADAGLI. 2. THE EXECUTIVE ENGINEER, SINGATALUR LIFT IRRIGATION PROJECT, DIVISION-1, KARNATAKA, NEERAVARI LTD., MUNDRAGI. 3. THE EXECUTIVE ENGINEER, DEPARTMENT OF REHABILITATION AND RE-SETTLEMENT, KNNL, DIVISION NO.2, HOOVINAHADAGLI, DIST. BELLARY. - RESPONDENTS (BY SRI. DAYANAND SANGARESHI, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADV. FOR R2 & R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM GADAG IN LAC NO.6/2013 DATED 27.10.2014 AND ETC. IN MFA NO.103321/2016 BETWEEN ANGADI BASAVARAJ S/O. MUREGAPPA, AGE 51 YEARS, OCC: AGRICULTURE, R/O. BIDARALLI, TQ. MUNDARGI, DIST. GADAG-582101. - APPELLANT (BY SRI. LINGRAJ MARADI, ADVOCATE) AND - 5 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS 1. SPECIAL LAND ACQUISITION OFFICER, SINGATALUR LIFT IRRIGATION PROJECT, HUVINAHADAGLI. 2. THE EXECUTIVE ENGINEER, SINGATALUR LIFT IRRIGATION PROJECT, DIVISION-1, KARNATAKA, NEERAVARI LTD., MUNDRAGI. 3. THE EXECUTIVE ENGINEER, DEPARTMENT OF REHABILITATION AND RE-SETTLEMENT, KNNL, DIVISION NO.2, HOOVINAHADAGLI, DIST. BELLARY. - RESPONDENTS (BY SRI. DAYANAND SANGARESHI, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R2 & R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM GADAG IN LAC NO.7/2013 DATED 27.10.2014 AND ETC. IN MFA NO.103322/2016 BETWEEN ANGADI ANDAPPA S/O. MUREGAPPA, AGE 61 YEARS, OCC: AGRICULTURE, R/O. BIDARALLI, TQ. MUNDARGI, DIST. GADAG-582101. - APPELLANT (BY SRI. LINGRAJ MARADI, ADVOCATE) AND 1. SPECIAL LAND ACQUISITION OFFICER, SINGATALUR LIFT IRRIGATION PROJECT, HUVINAHADAGLI. 2. THE EXECUTIVE ENGINEER, SINGATALUR LIFT IRRIGATION PROJECT, DIVISION-1, KARNATAKA, NEERAVARI LTD., MUNDRAGI. 3. THE EXECUTIVE ENGINEER, DEPARTMENT OF REHABILITATION - 6 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS AND RE-SETTLEMENT, KNNL, DIVISION NO.2, HOOVINAHADAGLI, DIST. BELLARY. - RESPONDENTS (BY SRI. DAYANAND SANGARESHI, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R2 & R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM GADAG IN LAC NO.8/2013 DATED 27.10.2014 AND ETC. IN MFA NO 103323 OF 2016 BETWEEN JAVVADI INDIRAMANI W/O. BHASKARA RAO, AGE 60 YEARS OCC: AGRICULTURE, R/O. BIDARALLI, TQ. MUNDARGI, DIST. GADAG-582101. - APPELLANT (BY SRI. LINGRAJ MARADI, ADVOCATE) AND 1. SPECIAL LAND ACQUISITION OFFICER, SINGATALUR LIFT IRRIGATION PROJECT, HUVINAHADAGLI-583103. 2. THE EXECUTIVE ENGINEER, SINGATALUR LIFT IRRIGATION PROJECT, DIVISION-1, KARNATAKA NEERAVARI LTD., MUNDRAGI-582118. 3. THE EXECUTIVE ENGINEER, DEPARTMENT OF REHABILITATION AND RE-SETTLEMENT, KNNL, DIVISION NO.2, HOOVINAHADAGLI, DIST. BELLARY-583103. - RESPONDENTS (BY SRI. DAYANAND SANGARESHI, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R2 & R3) - 7 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM GADAG IN LAC NO.10/2013 DATED 27.10.2014 AND ETC. IN MFA NO.103325/2016 BETWEEN JAVVADI RAMESH S/O. BHASKARA RAO, AGE 40 YEARS, OCC: AGRICULTURE, R/O. BIDARALLI, TQ. MUNDARGI, DIST. GADAG. - APPELLANT (BY SRI. LINGRAJ MARADI, ADVOCATE) AND 1. SPECIAL LAND ACQUISITION OFFICER, SINGATALUR LIFT IRRIGATION PROJECT, HUVINAHADAGLI. 2. THE EXECUTIVE ENGINEER, SINGATALUR LIFT IRRIGATION PROJECT, DIVISION-1, KARNATAKA, NEERAVARI LTD., MUNDRAGI-582118. 3. THE EXECUTIVE ENGINEER, DEPARTMENT OF REHABILITATION AND RE-SETTLEMENT, KNNL, DIVISION NO.2, HOOVINAHADAGLI, DIST. BELLARY. - RESPONDENTS (BY SRI. DAYANAND SANGARESHI, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADV. FOR R2 & R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM GADAG IN LAC NO.9/2013 DATED 27.10.2014 AND ETC. THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN HEARD AND RESERVED ON 19.03.2025 FOR JUDGMENT AND COMING ON FOR PRONOUNCEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 8 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS CAV JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) The above appeals have been filed by the landlosers/ claimants (hereinafter referred to as ‘claimants’) for enhancement of compensation for acquisition of their lands by the respondents. The respondents issued Notification 4(1) of the Land Acquisition Act (for short the ‘Act’) that was published in the official gazette on 15.06.2010 intending to acquire the property for the purpose of Singatalur Lift Irrigation Project. After hearing the objections, the Government issued notification u/S 6(1) of the Act dated 16.12.2010. Thereafter the properties were surveyed and personally inspected by the Special Land Acquisition Officer (for short ‘SLAO’) and revenue officials and awarded compensation U/s 12 of the Act. Aggrieved persons filed an application U/s 18 of the Act to refer the matter to the reference Court. Thereafter the matters were referred to the civil Court. The reference - 9 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS Court registered the said applications as land acquisition cases referred above, along with other connected cases. 2. The respondents-State has filed objections to the Reference applications. The reference Court recorded the evidence of the parties. Claimants have produced oral as well as documentary evidence in each case as few cases are clubbed in different cases. The Reference Court considering the materials available on record held that amount of compensation awarded by the SLAO is on the lower side thereby the Reference Court assessed the compensation. All the properties acquired in the above said cases are situated in Bidarahalli village, Mundaragi taluk, Gadag District. The Reference Court also awarded other statutory benefits to the landlosers. The relevant land acquisition cases, survey number of the land, extent of the land acquired, award passed by the SLAO and Reference Court are detailed in the tabular format hereunder: - 10 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS Village: Bidarlli, Tq: Mundaragi, Dist: Gadag Purpose: Singatalur Lift Irrigation Project. M.F.A. No. LAC No. Date of 4(1) notification Sy. No. Extent SLAO Award 18.08.2011 Reference Court Award 103324/2016 03/2013 15.06.2010 12/1B 02 Acre 26 guntas Rs.33,620 per acre Rs.2,82,000 per acre 103318/2016 12/2013 15.06.2010 13/3 4 Acre Rs.33,620 per acre Rs.2,82,000 per acre 103319/2016 5/2013 15.06.2010 14/1 9 Acre 2 gunta Rs.33,620 per acre Rs.2,82,000 per acre 103320/2016 6/2013 15.06.2010 13/5 2 Acre Rs.33,620 per acre Rs.2,82,000 per acre 103321/2016 7/2013 15.06.2010 14/2B 5 Acre 24 guntas Rs.33,620 per acre Rs.2,82,000 per acre 103322/2016 8/2013 15.06.2010 14/2A 4 Acre Rs.33,620 per acre Rs.2,82,000 per acre 103323/2016 10/2013 15.06.2010 12/1A 02 Acre 36 guntas Rs.33,620 per acre Rs.2,82,000 per acre 103325/2016 9/2013 15.06.2010 12/C 2 Acre 28 guntas Rs.33,620 per acre Rs.2,82,000 per acre 3. Though these matters are listed for hearing on admission, with consent of both the sides, the matters are taken up for final hearing. 4. The learned counsel for the appellants contends that several lands situated in Bidaralli village are submerged due to Singatalur lift irrigation project. Therefore the said lands are notified for acquisition. In M.F.A. No. 103326/2016 arising out of LAC No. 2/2013 in respect of - 11 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS acquisition of land bearing Sy. No. 12/2 of Bidaralli village, the Division Bench of this Court after considering the materials available on record in detail assessed the market value at the rate of Rs.3,73,171/- per acre with all statutory benefits. The lands acquired in the present cases are also similarly placed lands and neighbouring lands of the subject matter of the land in M.F.A. No. 103326/2016 and it is finally adjudicated. Therefore basing on the said judgment, the market value of the lands acquired in the present cases are also determined at Rs.3,73,171/- along with all statutory benefits. 5. The learned counsel appearing for the respondents do not dispute the above said facts that the land acquired in the present cases are similarly placed as that of subject matter of the land in M.F.A. No. 103326/2016 and the said land is also a neighbouring land and situated in the same village and acquired in the same notifications. Therefore the market value determined by the Division Bench of this Court. Accordingly, the following order is passed. - 12 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS ORDER (i) The appeals are allowed in part. (ii) The impugned judgment and award dated 27.10.2014 passed by Prl. Senior Civil Judge and CJM, Gadag in LAC No.3/2013, 12/2013, 5/2013, 6/2013, 7/2013, 8/2013, 10/2013 and 9/2013 is modified. The market value of the land in question is determined by enhancing at Rs.3,73,171/-. The appellants are entitled to receive additional amount at 12% per annum under Section 23(1)(A) of the Land Acquisition Act, 1894 on the enhanced market value from the date of preliminary notification to the date of passing of the award. (iii) The appellants are entitled to receive solatium at 30% per annum on the enhanced compensation under Section 23(2) of the Land Acquisition Act, 1894. (iv) The appellants are entitled to receive interest at 9% per annum for first year from the date of possession and 15% per annum for subsequent period on the enhanced - 13 - NC: 2025:KHC-D:6336 MFA No. 103324 of 2016 C/W MFA No. 103318 of 2016 MFA No. 103319 of 2016 AND 5 OTHERS compensation till the compensation is paid to the appellant or deposited in the Court. (v) The appellants are also entitled to benefit of Judgment of Hon'ble Supreme Court in Sunder Vs. Union of India [(2001) 7 SCC 211] (i.e. the appellant entitled to the compensation awarded is also entitled to get interest on the aggregate amount including solatium). Let the compensation be calculated by LAO and disbursed to appellant after deducting compensation already paid. Sd/- (UMESH M ADIGA) JUDGE BVV /CT-AN List No.: 1 Sl No.: 47