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2025 DAILYLAW 57261 (KAR)

SRI CHANNAPPA v. THE SPECIAL LAND ACQUISITION OFFICER

MSA/64/2025 · 2025-09-08

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35263 MSA No. 64 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL No.64 OF 2025 (LA) BETWEEN: SRI CHANNAPPA S/O LATE MALLAPPA AGED ABOUT 63 YEARS R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK. HASSAN DISTRICT - 562157 …APPELLANT (BY SRI MANOJ KUMAR J Y, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER H.R.P-2, 1ST FLOOR, DEPUTY COMMISSIONER BUILDING HASSAN-560 058 2. KAVERI NEERAVARI NIGAMA, K. R. S ROAD, GOKULAM 4TH STAGE, MYSORE, HASSAN- 570020 3. DISTRICT COMMISSIONER DC OFFICE, BM ROAD, HASSAN- 573201 …RESPONDENTS (BY SRI GOPALA KRISHNA SOODI, AGA FOR R1 AND R3; SRI B.R.PRASHANTH, ADVOCATE FOR R2) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35263 MSA No. 64 of 2025 THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 1.10.2024 PASSED IN LAC(APPEAL).223/2022 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 3.08.2017 PASSED IN LAC.23/2014 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, ARAKALAGUDU, PARTLY ALLOWING THE REFERENCE PETITIONS FILED UNDER 18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant submits that, in respect of same project, co-ordinate Bench of this Court has enhanced the compensation in a sum of Rs.10,000/- (i.e., Rs.35,000/- + Rs.10,000/-=Rs.45,000/-). Therefore, in the present case also, same amount of compensation may be fixed. 2. Learned counsel for the respondents did not dispute the fact that the co-ordinate Bench of this Court in MSA Nos.25/2023 c/w 24/2023 by the considered Order dated 15.11.2024 has enhanced the compensation amount by Rs.10,000/- (i.e., Rs.45,000/- per gunta) for the acquired land. - 3 - HC-KAR NC: 2025:KHC:35263 MSA No. 64 of 2025 3. Therefore, the appellant is entitled for compensation at the rate of Rs.45,000/- per gunta with consequential relief. 4. Accordingly, the following: ORDER (i) Appeal is allowed. (ii) Appellant is entitled to quantum of compensation for the acquired land at the rate of Rs.45,000/- per gunta with all consequential reliefs. (iii) Office to pass modified award. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 21