- 1 - NC: 2025:KHC-D:6602 MFA No. 105201 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 105201 OF 2023 (LAC) BETWEEN: 1. SMT. MADHUKANTHA W/O. HARJEEVANDAS PATADIA, SINCE DECEASED BY L.R.S. 1(A). NAVEENCHANDRA S/O. HARJEEVANDAS PATADIA, AGE 71, OCC: BUSINESS, R/O. SHABARI NAGAR, KESHWAPUR, HUBBALLI-580023. 1(B) MUKESH S/O. HARJEEVANDAS PATADIA, AGE 61, OCC: BUSINESS, R/O. SHABARI NAGAR, KESHWAPUR, HUBBALLI-580023. 1(C). RAJU S/O. HARJEEVANDAS PATADIA, AGE 71, OCC: BUSINESS, R/O. SHABARI NAGAR, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6602 MFA No. 105201 of 2023 KESHWAPUR, HUBBALLI-580023. …APPELLANTS (BY SMT. SHARMILA M. PATIL, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, ASSISTANT COMMISSIONER, DHARWAD-580001. 2. THE DEPUTY CHIEF ENGINEER, (CONS.) S.W.RAILWAY ZONE, CLUB ROAD, HUBLI-580023. 3. THE CHIEF PROJECT MANAGER, RAILWAY VIKAS NIGAM LTD., SOUTH WESTERN RAILWAYS, HUBLI-580023. …RESPONDENTS (BY SRI. DAYANAND SANGARESHI, HCGP FOR R1; SRI. MRUTYUNJAYA TATA BANGI, ADV. FOR R2 & R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, PRAYING TO CALL FOR RECORDS IN LAC NO.88/2013 DATED 01.08.2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE HUBBALLI AND ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE HUBBALLI IN LAC NO.88/2013 DATED 01.08.2022 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6602 MFA No. 105201 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. This matter is taken up for final disposal, with the consent of both the sides. 2. Learned counsel for the appellants submits that under the same Notification several lands were acquired. The subject land of this appeal is Sy.No.200/2B measuring 5 guntas 4 annas of Gopankoppa village, taluk Hubballi. The reference Court by its impugned award determined market value of the acquired lands at the rate of Rs.1,25,000/- per gunta. 3. Learned counsel for the appellants further submits that similarly placed lands were also acquired and order passed by the reference Court was challenged before the Division Bench of this Court in MFA Nos.102332/2020 c/w MFA Nos.103072/2017, MFA No.103073/2017, MFA No.100259/2020, MFA No.102333/2020, MFA No.102334/2020, MFA No.100064/2021, MFA No.100472/2021 and MFA No.104594/2022 disposed off - 4 - NC: 2025:KHC-D:6602 MFA No. 105201 of 2023 on 10.10.2023. The Division Bench of this Court considering the materials available on record, determined market value of the lands at the rate of Rs.2,50,000/- per gunta. The market value has been determined in the connected matters, in respect of similarly placed lands and the same could be applied to the facts and circumstances of the present case. 4. Learned counsel appearing for the respondents and State do not dispute the submission made by the learned counsel for the appellant. 5. On perusal of the materials as well as the judgment passed in the above said cases by the Division Bench, both the properties are agricultural lands situated in Gopanakoppa village. Therefore, this appeal shall also be disposed off in terms of the judgment and award passed dated 10.10.2023 in MFA No.102332/2020 along with connected cases, by the Division Bench of this Court, determining market value of the property acquired at Rs.2,50,000/- per gunta with all statutory benefits. Accordingly, the following order is passed: - 5 - NC: 2025:KHC-D:6602 MFA No. 105201 of 2023 ORDER (i) Appeal is allowed. (ii) The judgment and award dated 01.08.2022 in LAC No.88/2013 passed by the learned Principal Senior Civil Judge, Hubballi is modified. (iii) The market value of the acquired property in this case is determined as Rs.2,50,000/- per gunta along with all statutory benefit as contemplated under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act, 1894. (iv) Draw award accordingly. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 35