- 1 - HC-KAR NC: 2025:KHC-D:8947 MFA No. 23342 of 2012 C/W MFA No. 23341 of 2012 MFA No. 23343 of 2012 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 23342 OF 2012 (LAC) C/W MISCELLANEOUS FIRST APPEAL NO. 23341 OF 2012 (LAC) MISCELLANEOUS FIRST APPEAL NO. 23343 OF 2012 (LAC) IN MFA NO. 23342 OF 2012: BETWEEN: 1. YAMANAPPA S/O RAYAPPA, DEAD BY HIS LR’S., PARAWWA W/O YAMANAPPA, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. 2. GENAPPA S/O RAYAPPA, DEAD BY HIS LR’S., DYAMAWWA W/O GENAPPA, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. 3. BASAPPA S/O RAMAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. 4. SHARANAPPA S/O VIRUPKSHAPPA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8947 MFA No. 23342 of 2012 C/W MFA No. 23341 of 2012 MFA No. 23343 of 2012 5. SANGAWWA W/O BASAPPA, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. … APPELLANTS (BY SRI SHASHIKANT NINGOJI, ADVOCATE.) AND: 1. THE ASSISTANT COMMISSIONER-CUM L.A.O., KOPPAL, TQ: AND DIST: KOPPAL. 2. THE EXECUTIVE ENGINEER, M.I. DIVISION, KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL. … RESPONDENTS (BY SRI ASHOK T. KATTIMANI, AGA FOR R1 AND R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 18.04.2012 PASSED IN L.A.C. NO.15/2012 ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC AT YALBURGA AND ENHANCING THE MARKET VALUE OF RS.1,02,000/- PER ACRE WITH ALL STATUTORY BENEFITS AS CLAIMED BY THE APPELLANTS. IN MFA NO. 23341 OF 2012: BETWEEN: HANAMAPPA S/O BALAPPA MURADI, DEAD BY HIS LR’S., VERAPPA S/O HANAMAPPA MURADI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: ARAKERI, TQ: YELBURGA, DIST: KOPPAL. … APPELLANT (BY SRI SHASHIKANT NINGOJI, ADVOCATE.) - 3 - HC-KAR NC: 2025:KHC-D:8947 MFA No. 23342 of 2012 C/W MFA No. 23341 of 2012 MFA No. 23343 of 2012 AND: 1. THE ASSISTANT COMMISSIONER-CUM L.A.O., KOPPAL, TQ: AND DIST: KOPPAL. 2. THE EXECUTIVE ENGINEER, M.I. DIVISION, KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL. … RESPONDENTS (BY SRI ASHOK T. KATTIMANI, AGA FOR R1 AND R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 18.04.2012 PASSED IN L.A.C. NO.21/2012 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT YELBURGA AND ENHANCING THE MARKET VALUE OF RS.1,92,000/- PER ACRE WITH ALL STATUTORY BENEFITS AS CLAIMED BY THE APPELLANTS. IN MFA NO. 23343 OF 2012: BETWEEN: 1. BASAYYA S/O SANGANABASAYYA, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. 2. SHIVAYYA S/O VIRUPAKSHAYYA, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. 3. VERAYYA S/O SHARANAYYA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. 4. BASAYYA S/O SHARANAYYA, AGE: 45 YEARS, OCC: AGRICULTURE, - 4 - HC-KAR NC: 2025:KHC-D:8947 MFA No. 23342 of 2012 C/W MFA No. 23341 of 2012 MFA No. 23343 of 2012 R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. 5. CHANNABASAYYA S/O JODABASAYYA, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. 6. GUDANAYYA S/O JODABASAYYA, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: CHANAPANAHALLI, TQ: YELBURGA, DIST: KOPPAL. … APPELLANTS (BY SRI SHASHIKANT A. NINGOJI, ADVOCATE.) AND: 1. THE ASSISTANT COMMISSIONER-CUM L.A.O., KOPPAL, TQ: AND DIST: KOPPAL. 2. THE EXECUTIVE ENGINEER, M.I. DIVISION, KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL. … RESPONDENTS (BY SRI ASHOK T. KATTIMANI, AGA FOR R1 AND R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 18.04.2012 PASSED IN L.A.C. NO.17/2012 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT YELBURGA, BY ENHANCING THE COMPENSATION AS CLAIMED BY THE CLAIMANTS AND ETC.,. THESE APPEALS ARE COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Heard the arguments and perused the records and the appeal papers. - 5 - HC-KAR NC: 2025:KHC-D:8947 MFA No. 23342 of 2012 C/W MFA No. 23341 of 2012 MFA No. 23343 of 2012 2. These three appeals are filed by the claimants who are land owners, lost their lands under acquisition for the purpose of Rajur Jingo Keri Minor Irrigation Project, under preliminary notification dated 28.02.2008. The Special Land Acquisition Officer (SLAO) has determined the market value at Rs.24,100/- per acre. The reference Court has enhanced the compensation to Rs.90,000/- per acre by the judgment dated 18.04.2012. 3. This Court in MSA No.100083/2022, in the case of Anantha Rao vs. The Assistant Commissioner and another, by order dated 14.12.2003, in respect of the very same project and the lands in the very same village acquired under the same notification, has enhanced the compensation to Rs.3,79,748/- per acre. 4. This Court in the above stated case has enhanced the compensation as above stated in respect of the lands situated in the same village acquired under the same notification. Therefore, the appellants herein cannot - 6 - HC-KAR NC: 2025:KHC-D:8947 MFA No. 23342 of 2012 C/W MFA No. 23341 of 2012 MFA No. 23343 of 2012 be discriminated from the other land owners who have received higher compensation in MSA No.100083/2023. Therefore, the appeals are liable to be allowed. Hence, I proceed to pass the following: ORDER i) The appeals are allowed. ii) The appellants are entitled to compensation of Rs.3,79,748/- per acre with all statutory benefits, interest and costs, excluding interest for the delayed period in filing the appeals, if any. iii) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 31