- 1 - HC-KAR NC: 2025:KHC:37033 MSA No. 42 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 42 OF 2020 (LA) BETWEEN: BHEEMAIAH S/O. CHIKKAKARIYAPPA, AGED ABOUT 75 YEARS, R/AT NO.5, 1ST MAIN ROAD, WHITE HOUSE, GKVK POST, BANGALORE-560065. …APPELLANT (BY SRI. VIRUPAKSHAIAH P H.,ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL ZONE, TUMKUR-572101. 2. CHIEF ENGINEER HEMAVATHI CANAL ZONE, TUMKUR-572101. …RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI, AGA FOR R1; SRI. K.S. BHEEMAIAH, ADVOCATE FOR R2) THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION ACT,1894, AGAINST THE JUDGMENT AND AWARD DATED 09.03.2016 PASSED IN RA NO.108/2015 ON THE FILE OF THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37033 MSA No. 42 of 2020 II ADDITIONAL DISTRICT JUDGE TUMKUR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT DATED 23.09.2008 PASSED IN LAC NO.497/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUBBI, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCING COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri. P.H. Virupakshaiah, learned counsel for the appellant, Sri. Gopala Krishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri. K.S. Bheemaiah, learned counsel for respondent No.2. 2. The present appeal is filed by the claimant seeking enhancement of the compensation in respect of the land bearing Sy.No.7/2 measuring 0-30 guntas of Gowripura Village, Chelur Hobli, Gubbi Taluk which is acquired for the purpose of construction of Hemavathi Canal. - 3 - HC-KAR NC: 2025:KHC:37033 MSA No. 42 of 2020 3. Reference Court granted compensation at the rate of Rs.600/- per gunta for the acquired land and for 27 mango trees at the rate of Rs.7,500/- per tree, one neem tree at the rate of Rs.2,000/-. 4. Being aggrieved by the same, the claimant filed an appeal before the Appellate Court. 5. Learned Judge in the First Appellate Court, revised the rate for the land at the rate of Rs.1,092/- per gunta and awarded a sum of Rs.45,930/- for 27 mango trees and passed the modified award. 6. Being further aggrieved by the same, claimant has filed the present appeal seeking further enhancement. 7. Sri. P.H. Virupakshaiah, learned counsel for the appellant reiterating the grounds urged in the appeal memorandum contended that the determination of the compensation in respect of land and mango trees is incorrect and sought for allowing the appeal. - 4 - HC-KAR NC: 2025:KHC:37033 MSA No. 42 of 2020 8. Per contra, Sri. Gopalakrishna Soodi, learned Additional Government Advocate and Sri. K.S. Bheemaiah, learned counsel for respondent No.2 submits that the award of compensation awarded by the First Appellate Court is just and proper and sought for dismissing the appeal. 9. They also contend that in 0-30 guntas of land 27 mango trees and one neem tree could not have been grown and as such appeal needs to be dismissed. 10. Having heard the arguments of both sides, this Court perused the material on record meticulously. 11. On such perusal of material on record, it is seen that Horticulture Department has assessed that in one acre of land, 35 mango trees can be grown if no other trees are available in the land. 12. Since, in the case on hand, only 0-30 guntas of land has been acquired, proportionately the compensation - 5 - HC-KAR NC: 2025:KHC:37033 MSA No. 42 of 2020 can be given for 25 big mango trees and not for 27 mango trees as is assessed by both the Courts. Likewise, the compensation for the neem tree is also to be deducted while computing compensation for 25 mango trees. 13. A memo is filed in this regard by the counsel for the appellant restricting the assessment of compensation only to the extent of 25 mango trees which reads as under: "The appellant humbly prays that this Hon'ble Court may be pleased restrict the number of mango trees to 25 and pass orders accordingly in the interest of justice and equity." 14. Therefore, for the loss of 25 mango trees, the compensation is to be fixed at the rate of Rs.1,01,065/- per mango tree which stood therein as is concluded in SLP in Dairy No.57378/2023. 14. In view of the foregoing discussion, following Order : - 6 - HC-KAR NC: 2025:KHC:37033 MSA No. 42 of 2020 ORDER (i) Appeal is allowed in part. (ii) In modification of the award passed by the Reference Court and the First Appellate Court, claimant is entitled for the compensation at the rate of Rs.1,01,065/- *per tree for the 25 mango trees only and for the land, Rs.1,092/- per gunta for 0-30 guntas of land with all consequential and statutory benefits. (iii) Office to pass the modified award. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 23 *Corrected vide Court Order dated 10.11.2025