- 1 - HC-KAR NC: 2025:KHC-D:9959 MFA.CROB No. 950 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MFA CROSS OBJ NO. 950 OF 2013 (LAC) BETWEEN: SHRI KALLAPPA BASAPPA HADAPAD, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: BELAWADI VILLAGE, TALUK: BAILHONGAL, DIST: BELGAUM. …CROSS OBJECTOR (BY SRI K.H.BAGI, ADVOCATE) AND: 1. KARNATAKA NEERAVARI NIGAM LTD., REPRESENTED BY ITS EXECUTIVE ENGINEER, MLBCC DIV. NO.2, NAVILUTEERTH, TALUK: SAUNDATTI, DIST: BELGAUM. 2. THE SPECIAL LAND ACQUISITION OFFICER MALAPRABHA PROJECT-III, OPP: HINDI PRACHAR SABHA, UB HILLS, DHARWAD. …RESPONDENTS (BY SRI. S.M.TONNE, ADVOCATE FOR RESPONDENT NO.1; SRI. ABHISHEK MALIPATIL, HCGP FOR RESPONDENT NO.2) THIS MFA.CROB FILED UNDER ORDER 41 RULE 22 OF CPC PRAYING TO MODIFY THE JUDGMENT AND AWARD IN LAC NO.81/2010 DATED 18.07.2011 PASSED BY THE LEARNED SENIOR CIVIL JUDGE, BAILHONGAL AND ENHANCE THE COMPENSATION AT THE RATE OF Rs.3,00,000/- PER ACRE WITH ALL STATUTORY BENEFITS IN THE INTEREST OF JUSTICE AND THE CROSS OBJECTION BE ALLOWED WITH COSTS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.22 12:49:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9959 MFA.CROB No. 950 of 2013 ORAL JUDGMENT 1. This Cross objection is filed by the cross objector challenging the judgment and award dated 18.07.2011 passed in LAC No.81 of 2010 by the learned Senior Civil Judge, Bailhangal, seeking an enhancement of the compensation amount awarded by the Reference Court. 2. The cross-objector is the owner of the land bearing Survey No.16/1A measuring 0-35 Guntas and Survey No.23/3B measuring 01 acre 06 Guntas situated at BelaWadi Village. The lands were acquired by the State Government due to the submission of their lands in the river Malaprabha under the Malaprabha Reservoir Project. The State Government issued a preliminary notification under Section 4(1) of the Land Acquisition Act, on 12.04.2007. 3. The Special Land Acquisition Officer has awarded compensation of ₹38,500/- per acre vide award dated 20.07.2009. 4. The claimant, dissatisfied with the compensation assessed by the Special Land Acquisition Officer, filed a reference petition under Section 18(1) of the Land Acquisition Act for enhancement. 5. The Reference Court has registered the application in LAC No.81 of 2010, and based on of the material on record, allowed the - 3 - HC-KAR NC: 2025:KHC-D:9959 MFA.CROB No. 950 of 2013 reference petition vide judgment dated 18.07.2011, and accordingly, for Sy.No.23/3B, it reassessed the compensation at the rate of Rs.2,06,000/- per acre, with statutory benefits after deducting the amount already received, and insofar as Sy.No.16/1A is concerned, the Reference Court reassessed the compensation at the rate of ₹1,65,000/- per acre, with statutory benefits after deducting the amount already received. 6. The claimant, dissatisfied with the compensation assessed by the Reference Court, filed this cross-objection seeking an enhancement in the compensation. 7. Heard the arguments of the learned counsel for the claimant, the learned counsel for respondent No.1 and the learned High Court Government Pleader for respondent No.2. 8. During the course of submissions, learned counsel for the respective parties submitted that, the cross-objection may be disposed of, in terms of the judgment passed in MFA No.21107 of 2012 [LAC]. In the said case, this Court has followed the earlier judgment of the Division Bench dated 01.12.2011 passed in MFA No.2294 of 2011, which was confirmed by the Hon'ble Apex Court in Special Leave Petition No.8875 of 2013, vide its order dated 16.12.2013. - 4 - HC-KAR NC: 2025:KHC-D:9959 MFA.CROB No. 950 of 2013 9. The submission is placed on record. 10. In view of the same, the instant Cross-objection is also liable to be allowed in part. 11. In the result, I proceed to pass the following: ORDER (i) The MFA Cross objection is allowed in part, with costs. (ii) Escalation is reckoned as 10% per annum, instead of 8% per annum, as has been taken by the Court below, thereby the market value of the lands will be Rs.3,00,000/- per acre. The enhanced compensation, along with all statutory benefits, is granted to the cross-objector. (iii) As far as interest under Section 34 of the Land Acquisition Act is concerned, the same shall be awarded from the date of the award, dated 20.07.2009, passed by the Special Land Acquisition Officer. (iv) In case the cross-objector is also entitled to damages for the period prior to the issuance of notification under Section 4(1) of the Land Acquisition Act, then he is at liberty to file an application in that regard. This liberty is reserved, having regard to the dictum of the Hon'ble Apex Court in the - 5 - HC-KAR NC: 2025:KHC-D:9959 MFA.CROB No. 950 of 2013 case of R.L.Jain v. DDA and others reported in (2004) 4 SCC 79. Sd/- (ASHOK S. KINAGI) JUDGE RK List No.: 2 Sl No.: 24