- 1 - NC: 2025:KHC-D:1250-DB MFA No. 103219 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.103219 OF 2019 (LAC) BETWEEN: THE EXECUTIVE DIRECTOR, B.T.P.S. HOSPET ROAD, KUDITHINI VILLAGE, TALUK and DIST BALLARI-583115. …APPELLANT (BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE) AND: 1. C.ANAND KUMAR S/O THIPPAYYA AGE:MAJOR, R/O KUDITHINI VILLAGE, BALLARI TALUK and DISTRICT-583115 2. LAND ACQUISITION OFFICER, KIADB, LAKKAMMANAHALLI PLOT, P.B.ROAD, DHARWAD-583115. 3. THE DISTRICT COMMISSIONER, BALLARI-583101. …RESPONDENTS (BY, SMT. SHARMILA M PATIL FOR R-2: SRI. PRAVEEN K.UPPAR, AGA FOR R-3: NOTICE TO R-1 SERVED) Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1250-DB MFA No. 103219 of 2019 THIS MISCELLENAOUS FIRST APPEAL IS FILED U/ SEC 54(1) OF LAND ACQUISECITION ACT, 1894, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND AWARD OF THE REFERENCE COURT IN LAC 101/2011 DATED 19/11/2018 PASSED BY THE HON’BLE COURT OF 1ST ADDL. SENIOR CIVIL JUDGE, BALLARI. IN SO FAR AS RE- DERMINATION OF THE COMPENSATION AT THE RATE OF Rs.18,75,000/- PER ACER AND SET ASIDE THE JUDGMENT AND AWARD OF THE REFERENCE COURT IN LAC 101/2011 DATED 19/11/2018 PASSED BY THE HON’BLE COURT OF 1ST ADDL. SENIOR CIVIL JUDGE, BALLARI. IN SO FAR AS AWARD OF ADDITIONAL MARKET VALUE AT 12% TILL THE DATE OF AWARD 06/05/2010 ETC. THIS APPEAL, COMING ON FOR OEDERS, THIS DAY JUDGMENT WAS DELIVERED THEIRIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:1250-DB MFA No. 103219 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is by the beneficiary, and the appellant has called in question the common judgment and award dated 19.11.2018 in the reference in LAC No. 100/2011 on the file of the First Additional Senior Civil Judge, Ballari, [for short ‘Reference Court’]. The Reference Court has decided the reference in LAC NO.101/2011 by this common judgment dated 19.11.2018 along with references in LAC Nos. 99 and 100 of 2011. The Reference Court has enhanced the compensation payable for the lands acquired in Kudithini village, Ballari to ₹18,75,000/- per acre. 2. Sri. Mrutyunjaya S. Hallikeri, the learned counsel for the appellant, submits that the Reference Court’s common judgment insofar as other references, which are also for the lands in Kudithini village, Ballari acquired under the same notification, are called in question before this Court in appeal in MFA NO.102771/2015 and connected appeals, and that these appeals have been disposed of by a - 4 - NC: 2025:KHC-D:1250-DB MFA No. 103219 of 2019 coordinate Bench of this Court on 04.12.2019 reducing the compensation to ₹5,00,000/- per acre. The learned counsel emphasis that the land in the subject appeal is 1 acre 14 cents dry land in Sy. No.103/A of Kudithini village, Ballari and acquired under the same notification. 3. The point for consideration is: whether this Court if circumstances are similar must interfere with the impugned order restricting the enhancement of compensation payable by the beneficiary [the appellant] to ₹5,00,000/- per acre. The coordinate Bench in the appeals in MFA NO.102771/2015 and connected matters, while considering the extents of lands involved in such appeals and the probative value of the exemplary sale deeds in such proceedings, has opined thus: At this stage, it is pertinent to note that the land owners were the owners of small piece of lands measuring 0.44 cents, 0.38 cents, 0.77 cents, 0.67 cents as well as lands admeasuring 1 acre 40 cents, 1 acre 88 cents, 1 acre 79 cents, 7 acres 38 cents, 1 acre 33 cents and 4 acres 56 cents. Thus, majority of the land owners are the holders of small pieces of lands. Therefore, - 5 - NC: 2025:KHC-D:1250-DB MFA No. 103219 of 2019 taking overall view of the evidence on record, though we are conscious of the fact that the sale deeds produced by the land owners pertain to small piece of land viz., Ex.P7 to Ex.P28, we are not inclined to deduct any amount from the sale consideration mentioned in the aforesaid sale deeds, as the nature of land is the same i.e. dry land and the lands are situated in the same village and the sale deeds have been executed prior to issuance of notification under Section 28(1) of the KIAD Act. There has been a difference of about 6 to 10 months in execution of the sale deed and issuance of notification under Section 28(1) of the KIAD Act. Bearing in mind the aforesaid factors we are not inclined to deduct any amount towards market value of the land. Admittedly, on the basis of the aforesaid sale deeds, viz., Ex.P7 to Ex.P28, the market value of the land comes to Rs.5,00,000/- per acre. Therefore, the market value of the land is assessed at Rs.5,00,000/- per acre. In view of the preceding analysis and for the reasons mentioned above, Issue No.1 and 2 are answered accordingly. 4. The land owners/respondents though served have remained absent. This Court must opine that a coordinate Bench of this Court upon consideration of similar circumstances has modified the Reference Court’s judgment and award restricting the compensation to be determined at ₹5,00,000/- per acre. The circumstances are that the lands - 6 - NC: 2025:KHC-D:1250-DB MFA No. 103219 of 2019 in all these proceedings are from the same village with similar extents and acquired under the same notification. Hence, the point for consideration is answered in favor of the appellant modifying the Reference Court’s impugned judgment and award holding that the land owners/respondent will be entitled for compensation determined at the rate of 5,00,000/- per acre and will also be entitled to interest at the rate of 12% under Section 23 (1- A) of the land Acquisition Act for the period between 26.04.2005 and 28.05.2007 and will also be entitled to other statutory benefits. The office is directed to draw decree accordingly. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/CT-VG List No.: 1 Sl No.: 12