- 1 - NC: 2025:KHC-D:4389-DB MFA No.102697 of 2017 C/W MFA.CROB No.100081 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.102697 OF 2017 (LAC) C/W MFA CROSS OBJ NO.100081 OF 2023 (LAC) IN MFA NO.102697/2017: BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER, UKP, JAMKHANDI-587301. 2. THE STATE OF KARNATAKA REP. BY THE DEPUTY COMMISSIONER, BAGALKOT, DISTRICT-587101. …APPELLANTS (BY SRI. M.M. KHANNUR, AGA) AND: ISHWAR S/O GANAPATI MADHOLE AGE: 65 YEARS, OCC: AGRICULTURE, MYGUR ROAD, R/O JAMAKHANDI-587301. …RESPONDENT (BY SRIYUTHS. K.L. PATIL AND S.S. BETURMATH, ADVOCATES) THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT 1894, PRAYING TO, SET ASIDE THE JUDGMENT AND AWARD DATED 25.04.2016 PASSED BY THE LEARNED ADDL. SENIOR CIVIL JUDGE, JAMKHANDI IN LAC NO.25/2009 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4389-DB MFA No.102697 of 2017 C/W MFA.CROB No.100081 of 2023 IN MFA.CROB NO.100081/2023: BETWEEN: ISHWAR S/O GANAPATI MUDHOLE AGE. 65 YEARS, OCC. AGRICULTURE, R/O MYGUR ROAD, JAMAKHANDI, DIST. BAGALKOTE 587301. …CROSS OBJECTOR (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER UPPAR KRISHNA PROJECT, JAMAKHANDI, DIST. BAGALKOTE 587301. 2. THE STATE OF KARNATAKA REP. BY THE DEPUTY COMMISSIONER BAGALAKOTE DISTRICT BAGALAKOTE 587101. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA) THIS MFA.CROB IN MFA NO.102697/2017 FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO, MODIFY THE JUDGMENT AND AWARD DATED 25.04.2016 IN LAC NO.25/2009, PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE JAMKHANDI, BY ENHANCING THE COMPENSATION AWARDED, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THE APPEAL AND THE CROSS OBJECTION, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:4389-DB MFA No.102697 of 2017 C/W MFA.CROB No.100081 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) 1. The present appeal and cross-objection are filed challenging the judgment and award dated 25.04.2016 passed in LAC No.25/2009 on the file of learned Addl. Senior Civil Judge, Jamkhandi1. 2. It is noticed that the reference Court has rendered a common judgment dated 25.04.2016, whereunder it has disposed off LAC Nos.25, 26, 28 and 29 of 2009. 3. Learned counsel for the cross-objector has placed on record a copy of the order dated 18.10.2022, passed in LAC Appeal No.33/2019 by the learned I Addl. District and Sessions Judge, Bagalakot, sitting at Jamkhandi, which appeal was filed against judgment and award passed in LAC No.26/2009. The District Court noticing that the reference Court has recorded common evidence and disposed of all the reference applications, vide common judgment dated 25.04.2016, wherein the market value of the acquired land was determined at the rate of ₹.24,37,966/- per acre excluding pot kharab, that 1 Hereinafter referred to as ‘reference Court’ - 4 - NC: 2025:KHC-D:4389-DB MFA No.102697 of 2017 C/W MFA.CROB No.100081 of 2023 similar lands situated in Jamkhandi Taluk, was decided in MFA No.25373/2012, whereunder this Court recorded a finding that the judgment of the reference Court is just and proper and does not call for interference, rejected the appeal in LAC Appeal No.33/2009 filed by the Beneficiary. 4. Learned counsel for the cross-objector has further placed on record a copy of Form-C & F for having deposited the compensation amount in LAC Nos.26 and 28 of 2009 by the State. 5. MFA Crob No.100081/2023 is filed by the land loser with regard to non-granting of compensation for 20 guntas of pot kharab land. However, there is no challenge to the rate of compensation that has been awarded. Further, there is no specific document on record to demonstrate that the said 20 guntas of land is a pot kharab land. Hence, there is no justification in the cross-objection by the land loser. 6. In view of the aforementioned and having regard to the fact that the District Court has already confirmed the order of the reference Court in LAC Appeal No.33/2019 and the State having deposited the compensation amount in LAC No.26 and - 5 - NC: 2025:KHC-D:4389-DB MFA No.102697 of 2017 C/W MFA.CROB No.100081 of 2023 28 of 2009, we find no reason to favorably consider the appeal and cross-objection. 7. In view of the above, the appeal as well as cross- objection stand dismissed as being devoid of merit. 8. Pending applications, if any, are also disposed off as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 15