- 1 - HC-KAR NC: 2025:KHC-D:13702-DB MFA No. 103217 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 103217 OF 2019 (LAC) BETWEEN: THE EXECUTIVE DIRECTOR B.T.P.S. HOSPET ROAD, KUDITHINI VILLAGE, TALUK AND DIST: BALLARI-583101. ..APPELLANT (BY SRI. MRUTHYUNJAY S. HALLIKERI, ADVOCATE) AND: 1. C. MANJUNATHA S/O. THIPPAYYA AGE: MAJOR, R/O: KUDITHINI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 2. LAND ACQUISITION OFFICER KIADB, LAKKAMMANAHALLI PLOT, P.B.ROAD, DHARWAD-580001. Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.23 11:02:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13702-DB MFA No. 103217 of 2019 3. THE DISTRICT COMMISSIONER BALLARI-583101. …RESPONDENTS (BY SRI. S.N. BANAKAR, ADVOCATE FOR R1; SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R2; SMT. GIRIJA S. HIREMATH, HCGP FOR R3) THIS MFA FILED U/SEC.54(1) OF THE LAND ACQUISITION ACT, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 19.11.2018 PASSED IN LAC.NO.99/2011 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, IN SO FAR AS RE-DETERMINATION OF THE COMPENSATION AT THE RATE OF RS.18,75,000/- PER ACRE AND AWARD OF ADDITIONAL MARKET VALUE AT 12% TILL THE DATE OF AWARD 06.05.2010, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:13702-DB MFA No. 103217 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The above appeal filed under Section 54(1) of Land Acquisition Act, 1894, is directed against the judgment and award dated 19.11.2018 in LAC No.99/2011 on the file of I Addl. Senior Civil Judge, Ballari (for short ‘Reference Court’). 2. The second respondent-beneficiary before the Reference Court is in appeal contending that the determination of market value at Rs.1875/- per acre by the Reference Court is exaggerated and on the higher side. The lands in question are situated at Kuduthini village, Ballari taluk. The lands were acquired under Preliminary Notification dated 22.04.2005 (issued under Section 28(4)) of KIADB Act, 1966 and final Notification dated 27.09.2006. The award is dated 06.05.2010. In respect of the same Notification and from the same village and in respect of the same survey number, the Reference Court clubbed LAC - 4 - HC-KAR NC: 2025:KHC-D:13702-DB MFA No. 103217 of 2019 Nos.99/2011, 100/2011 and 101/2011 and passed the common judgment dated 19.11.2018. The same judgment was the subject matter of MFA No.103219/2019 and MFA No.102771/2015, in LAC No.101/2011 as well as LAC No.100/2011. 3. MFA No.103219/2019 in respect of LAC No.101/2011 was disposed of by judgment dated 23.01.2025 reducing the market value of the land to Rs.5,00,000/- per acre from Rs.18,75,000/- per acre as determined by the Reference Court with interest at the rate of 12% per annum with all other statutory benefits. 4. To maintain consistency, the present appeal is also disposed of in the same terms as that of judgment dated 23.01.2025 passed in MFA No.103219/2019. 5. The impugned judgment and award dated 19.11.2018 in LAC No.99/2011 is modified determining the market value of the land in question at Rs.5,00,000/- per acre with interest at 12% per annum, under Section - 5 - HC-KAR NC: 2025:KHC-D:13702-DB MFA No. 103217 of 2019 23(1-A) of the Land Acquisition Act, for the period between 26.04.2005 to 28.05.2007, with all other statutory benefits. With the above, appeal stands disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB CT-CMU LIST NO.: 1 SL NO.: 17