- 1 - NC: 2025:KHC-D:116 MSA No. 100124 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS SECOND APPEAL NO.100124 OF 2020 (LA) BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, BILAGI, DIST : BAGALKOT. …APPELLANT (BY SRI ABHISHEK MALIPATIL, HCGP) AND: 1. SOMAPPA S/O MALIYAPPA SONNAD, SINCE DECEASED BY HIS LRS SMT. RUKMINIBAI W/O. SOMAPPA SONNAD, AGED ABOUT 71 YEARS, OCC : HOUSEHOLD WORK, 2. SMT. SHARANAMMA D/O. SOMAPPA SONNAD, AGED ABOUT 48 YEARS, OCC : HOUSEHOLD WORK, 3. SRI SHARANABASAWARAJ S/O. SOMAPPA SONNAD, AGED ABOUT 46 YEARS, OCC : AGRICULTURE, 4. SMT. YANKAMMA D/O. SOMAPPA SONNAD, AGED ABOUT 43 YEARS, OCC : HOUSEHOLD WORK, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:116 MSA No. 100124 of 2020 5. SMT. KAMALAKSHI D/O. SOMAPPA SONNAD, AGED ABOUT 41 YEARS, OCC : HOUSEHOLD WORK, 6. SRI AMARESH S/O. SOMAPPA SONNAD, AGED ABOUT 38 YEARS, OCC : AGRICULTURE, ALL ARE R/O : HONNIHAL, BILAGI TALUK, BAGALKOT DISTRICT. …RESPONDENTS (BY SRI BASAVARAJ S.BYAKOD, ADVOCATE FOR R2 TO R6; RESPONDENT NO.1 ABATED) THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SECTION 54(2) OF (KARNATAKA AMENDMENT) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.03.2019 IN LAC (APPEAL) NO.33/2011 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, IN THE INTEREST OF JUSTICE AND CONFIRM THE AWARD PASSED IN LAC NO.979/2005 DATED 06.03.2008 PASSED BY THE CIVIL JUDGE (SENIOR DIVISION), BILAGI AND ETC., THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:116 MSA No. 100124 of 2020 CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed under the caption hearing - interlocutory application, but with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal. 2. The Special Land Acquisition Officer, UKP, Bilagi has preferred the appeal questioning the quantum of compensation, awarded by the reference Court and enhanced by the First Appellate Court. 3. The claimants are owners of the land and their lands were acquired for the purpose of Upper Krishna Project under the preliminary notification dated 18.01.2003 and award came to be passed on 11.11.2003. The reference Court has ordered compensation of Rs.1,84,000/- per acre excluding poth kharab area, if any, the same is enhanced by the First Appellate Court and awarded compensation of - 4 - NC: 2025:KHC-D:116 MSA No. 100124 of 2020 Rs.2,64,375/- per acre. The appellant-SLAO has preferred the appeal on the ground that it is excessive. 4. This Court in MFA No.22347/2009 dated 14.06.2011 and in MFA No.20182/2010 connected with other cases dated 09.09.2011 has awarded a compensation of Rs.2,64,375/- per acre in respect of the very same project for other land losers who are also similarly situated on par with the claimants/land losers herein. Therefore, the appeal is found to be devoid of merit so as to reduce the quantum of compensation. Therefore, the compensation awarded by the First Appellant Court by determining Rs.2,64,375/- per acre is confirmed. 5. The claimants are entitled to all other statutory benefits, costs and interest as per law on the compensation amount determined by the First Appellate Court. Accordingly, the appeal is dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 2 Sl No.: 9