- 1 - HC-KAR NC: 2025:KHC-D:8383 MFA No. 101849 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101849 OF 2019 (LAC) BETWEEN: SHASHIDHAR S/O ISHWARAPPA PATTAR, AGE ABOUT 52 YEARS, OCC: AGRICULTURE, R/O: BELAWADI, TQ: BAILHONGAL, DIST: BELAGAVI-591 102. … APPELLANT (BY SRI. K. ANANDKUMAR, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT DHARWAD, DIST: DHARWAD, NOW AT: BAGALKOT-587 101. 2. THE EXECUTIVE ENGINEER, M.L.B.C.C. DIVISION NO.2, KARNATAKA NIRAVARI NIGAM LTD., NAVILUTHEERTH, TQ: SAVADATTI, DIST: BELAGAVI-591 126. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. UMESH C. AINAPUR, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 54 (1) OF LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED: 05.09.2012 PASSED IN L.A.C. NO.229/2011 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE, BAILHONGAL AND SEEKING ENHANCE THE MARKET VALUE OF RS.2,14,500/- PER ACRE ALONG WITH STATUTORY BENEFITS. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8383 MFA No. 101849 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This Miscellaneous First Appeal is filed under Section 54(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) by the appellant challenging the judgment and award passed in LAC No.229/2011 dated 05.09.2012 on the file of Senior Civil Judge, Bailhongal (for short, ‘the reference Court’). 3. The appellant/claimant lands bearing Sy.No.18/1+2/6+1+2/B, 18/1+2/C JMC measuring 14 guntas and 286/3+5+9A 286/5P, 286/9AP measuring 1 acre 04 guntas situated at Belawadi village, Bailhongal Taluk, Belgaum District, was acquired under notification dated 02.07.2009, issued under Section 4(1) of the Land Acquisition Act, 1894, for the purpose of Malaprabha Project and consequently, the Special Land Acquisition Officer (for short, ‘SLAO’) has passed an award, awarding the compensation of Rs.67,326/- per acre. On the reference application filed by the claimant, the reference Court enhanced the compensation to Rs.2,94,000/- per acre. Being - 3 - HC-KAR NC: 2025:KHC-D:8383 MFA No. 101849 of 2019 aggrieved, the claimant is before this Court seeking enhancement of compensation. 4. This Court, in the case of Shri.Govindappa Vs. Karnataka Neeravari Nigam Ltd., and Another in MFA No.23427/2012 C/w MFA.CROB.No.100039/2014, disposed off on 16.09.2016, has enhanced the compensation to Rs.5,08,000/- per acre with all statutory benefits and costs in respect of lands situated in Belawadi village of Bailhongal Taluk, under the notification dated 02.07.2009. Therefore, in the present case, the lands are situated at Belawadi village of Bailhongal Taluk and in the case of Shri.Govindappa (supra) also, the lands are situated at Belawadi village of Bailhongal Taluk and the SLAO has acquired lands for same project, therefore, the appellant/claimant shall not be discriminated. Hence, in the present case also the appellant/claimant is entitled to compensation equal to the award in the above stated case with all statutory benefits and costs. Therefore, the appeal is squarely covered by the judgment stated supra. Thus, the appeal is liable to be allowed with costs. 5. Hence, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC-D:8383 MFA No. 101849 of 2019 ORDER i) The appeal is allowed with costs. ii) The judgment and award passed in LAC No.229/2011 dated 05.09.2012 on the file of Senior Civil Judge, Bailhongal, is modified by determining the market value for the acquired lands at the rate of Rs.5,08,000/- per acre, as against Rs.2,94,000/- awarded by the reference Court. iii) The appellant is entitled for the compensation along with all statutory benefits and interest. iv) Rest of the observations made by the reference Court is left undisturbed. v) The claimant is not entitled to interest for the delayed period, if any. vi) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 50