- 1 - NC: 2025:KHC-D:2891 MFA No. 101650 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101650 OF 2020 (LAC) BETWEEN: 1. SHRI. AJIT S/O. TATAPPA SHERI @ MUDAKANNAVAR (DECEASED BY HIS LR’S) SMT. PADMASHREE W/O. AJIT SHERI @ MUDAKANNAVAR, AGE: 55 YEARS, OCC: HOUSE HOLD, R/O: BELAGAVI, TQ: AND DIST: BELAGAVI-590001. 2. SHRI. SAGAR S/O. AJIT SHERI @ MUDAKANNAVAR, AGE: 36 YEARS, OCC: BUSINESS, R/O: BELAGAVI, TQ: AND DIST: BELAGAVI-590001. 3. SHRI. CHETAN S/O. AJIT SHERI @ MUDAKANNAVAR, AGE: 33 YEARS, OCC: BUSINESS, R/O: BELAGAVI, TQ: AND DIS: BELAGAVI-590001. …APPELLANTS (BY SRI P.V. SAMBARAGI, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, BELAGAVI, SUB DIVISION, BELAGAVI-590001. 2. THE EXECUTIVE ENGINEER, KARNATAKA STATE HIGHWAY IMPROVEMENT PROGRAMME NEAR JYOTI COLLEGE, CLUB ROAD, BELAGAVI, NOW AT NIJALINGAPPA COLONY, RAICHUR, TQ. AND DIST. RAICHUR-584101. …RESPONDENTS (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1 AND R2) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2891 MFA No. 101650 of 2020 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO ENHANCED THE MARKET VALUE AT THE RATE OF RS.2,11,750/- PER GUNTAS ALONG WITH ALL STATUTORY BENEFITS BY MODIFYING THE JUDGMENT AND AWARD PASSED IN LAC NO.14/2006 DATED 22.09.2015 PASSED BY THE COURT OF THE II ADDL. SENIOR CIVIL JUDGE AND CJM, BELAGAVI, IN THE INTEREST OF JUSTICE AND THIS APPEAL BE ALLOWED WITH COST. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, with consent of the learned counsel for the appellants and respondents, it is taken up for final disposal. 2. It is undisputed fact that the appellants are owners of land which was acquired for the purpose of widening of State Highway from Belagavi to Yaragatti through preliminary notification dated 29.08.2002. The Special Land Acquisition Officer (for short, ‘SLAO’) has determined compensation at Rs.4,56,000/- per acre. 3. Upon the reference made, the reference Court has enhanced and determined the market value at Rs.48,000/- per gunta. Being dissatisfied with lesser - 3 - NC: 2025:KHC-D:2891 MFA No. 101650 of 2020 amount of compensation awarded, the claimants have preferred the present appeal. 4. This Court in similarly situated claimants who have lost the lands for the very same project under the very same notification have been awarded a compensation of Rs.4,65,850/- per gunta in MFA No.100130/2022 connected with other appeals dated 27.09.2024 between Shri. Ajit S/o Shantappa Chougula V/s The Assistant Commissioner. In the above cited case also the claimants lands situated at Killa area, Belagavi were acquired for the purpose of widening of the State Highway from Belagavi to Yaragatti under the preliminary notification dated 29.08.2002. In the above cited case, this Court has determined compensation of Rs.4,65,850/- by following the judgment of a Division Bench of this Court in the case of Shivaputrappa Gurappa Bellad V/s The Special Land Acquisition Officer and Assistant Commissioner, Belgaum in MFA No.20411/2012 dated 29.09.2016. Therefore, the claimants in this case are also - 4 - NC: 2025:KHC-D:2891 MFA No. 101650 of 2020 situated in the same pedestal as that of claimants in the above cited cases. Therefore, in the present case also the claimants are entitled for compensation of Rs.4,65,850/- per gunta. The claimants are entitled to all statutory benefits and interest on the aforesaid amount. The claimants are not entitled to interest and cost for the delayed period in preferring the appeal. 5. Hence, I proceed to pass the following; ORDER i. The appeal is allowed in part. ii. The judgment and award dated 22.09.2015, passed by the II Addl. Senior Civil Judge and CJM, Belagavi, in LAC No.14/2006 stands modified. iii. The appellants/claimants are entitled for enhanced compensation at the rate of Rs.4,65,850/- per gunta, along with other statutory benefits and interest with costs. - 5 - NC: 2025:KHC-D:2891 MFA No. 101650 of 2020 iv. The claimants are not entitled for interest for the delayed period in preferring the appeal v. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 40