- 1 - HC-KAR NC: 2025:KHC:29161 MFA No. 7066 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7066 OF 2015 (LAC) BETWEEN: H.K. NARASIMHAIAH S/O KAMBAIAH AGED ABOUT 60 YEARS, GADIKOPPA, ALCOLA VILLAGE SHIMOGGA TALUK AND DISTRICT-577201 BY HIS GPA HOLDER VENKATESH S/O LAKSHMINARASIMHAIAH AGED ABOUT 50 YEARS R/O SRI LAKSHMINARASIMHAIAH NILAYA, WARD NO.35, GADIKOPPA LAYOUT B.H.ROAD, SHIMOGGA – 577 201. …APPELLANT (BY SRI. RAJU BHAT, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER UPPER THUNGA PROJECT, SHIMOGGA – 577 201. 2. THE EXECUTIVE ENGINEER UPPER THUNGA PROJECT SHIMOGGA – 577 201. …RESPONDENTS (BY SRI. GOPAL KRISHNA SOODI, AGA FOR R1; SRI. PRASHANTH.B.R, ADVOCATE FOR R2) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29161 MFA No. 7066 of 2015 THIS MFA FILED U/S 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 13.04.2015 PASSED ON LAC NO.2/2012 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR ENHANCED COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION IN TIME. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed by the land owner questioning the judgment and award dated 19.02.2010 passed by the I Additional Judge (Sr. Dn.) & CJM, Shimogga, in LAC No.101/2003 seeking enhancement of the compensation. 2. It is the case of the claimant that the claimant is the owner of the agricultural land bearing Sy.No.83/1B measuring 7½ guntas stood at Alcola Village of Shimogga District, which is not in dispute. The above said land was acquired for the purposes of Upper Tunga Project vide Preliminary Notification dated 25.01.2001 along with other lands of the same village. The Special Land Acquisition Officer has determined the compensation at Rs.1,50,000/- - 3 - HC-KAR NC: 2025:KHC:29161 MFA No. 7066 of 2015 per acre. Being aggrieved by the it, upon the reference application the reference Court has enhanced the compensation to Rs.1,50,000/- per acre. Being aggrieved by the same, the owner of the land has preferred the appeal claiming compensation at Rs.105/- per sq. ft. placing reliance on the judgment of Division Bench of this Court in MFA Nos.7998/2014 and connected matters dated 13.01.2020 between G. HANUMANTHAPPA AND ORS. vs. THE SPECIAL LAND ACQUISITION OFFICER AND ANR. 3. Learned counsel for the appellant/land owner submitted that Division Bench of this Court in the above said MFAs has granted Rs.105/- per sq. ft. in respect of the very same project acquired by the Preliminary Notification dated 25.01.2001 of the same Alcola Village. Therefore, prays for enhancement of compensation and submitted that the above said judgment is confirmed by the Hon'ble Supreme Court in Civil Appeal No.7587/2021 dated 25.04.2024. - 4 - HC-KAR NC: 2025:KHC:29161 MFA No. 7066 of 2015 4. The respondents have opposed the enhancement and prays for dismissal of the appeal as the appellant has not placed any document to claim parity for placing reliance on the above said judgment. 5. The Division Bench of this Court in the above said cases, has observed that in the said cases the lands situated at Alcola village, Shimogga District were acquired for Upper Tunga Project under Preliminary Notification dated 25.01.2001 and granted compensation of Rs.105/- per sq. ft. In the present case also, the land situated is in the same Alcola Village and acquired under very same Preliminary Notification dated 25.01.2001 for the very same project. Therefore, when the appellant/land owner is standing on the same pedastal as that of the land owners in the above said appeals, there cannot be discrimination between two land owners in receiving compensation. Therefore, the appeal is allowed by granting compensation of Rs.105/- per sq. ft. - 5 - HC-KAR NC: 2025:KHC:29161 MFA No. 7066 of 2015 6. Hence, I proceed to pass the following: ORDER (i) Appeal is allowed with costs. (ii) The judgment and award dated 19.02.2010 passed by the I Additional Judge (Sr. Dn.) & CJM, Shimogga, in LAC No.101/2003, is modified to the extent of holding that the appellant/land owner is entitled to compensation of Rs.105/- per sq. ft. (iii) The appellant shall be entitled to solatium and other statutory benefits as are admissible under the provisions of the Land Acquisition Act, 1894, excluding the interest for the delayed period in preferring the appeal, if any. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 40