- 1 - HC-KAR NC: 2025:KHC-D:11452 MSA No. 100103 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 08TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS SECOND APPEAL NO. 100103 OF 2018 (LA-) BETWEEN: 1. SRI. VEERAPPA S/O YENKAPPA TALAWAR AGE: 44 YEARS, OCC: AGRICULTURE, R/O: SHIRUR, TQ: YELBURGA, DIST: KOPPAL-583201. …APPELLANT (BY SMT. SITALAXMI PURLI, ADV FOR SRI. B. SHARANABASAWA, ADV) AND: 1. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER KOPPAL-583201. 2. THE EXECITIVE ENGINEER NO.1, T.B. DIVISION, MUNIRABAD (KOPPAL)-583201. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1, KUM. NIRMALA DODAMANI, ADV FOR SRI. M.B.KANAVI, ADV FOR R2) THIS MSA IS U/SEC.54 (2) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT & DECREE DATED 26.04.2018 PASSED IN LACA NO.51/2015 ON THE FILE OF THE DISTRICT JUDGE, KOPPAL, ALLOWING THE JUDGMENT AND DECREE DATED 16.04.2008 PASSED IN LAC NO.38/2007, ON THE FILE OF THE CIVIL JUDGE (SR.DN), KUSHTAGI, PARTLY ALLOWING THE PETITION FILED U/SEC.18(1) OF LA ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.15 17:49:26 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11452 MSA No. 100103 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Appeal is filed under Section 54(2) of the Land Acquisition Act, against the judgment and award passed by the learned District Judge, Koppal, in LAC (Appeal) No.51/2015 dated 26.04.2018, and the judgment and award dated 16.04.2008 passed in LAC No.38/2007 by the learned Senior Civil Judge (Senior Division), Yelburga. 2. Brief facts leading rise to the filing of this appeal are as follows: 3. The Land bearing Survey No.177/A measuring 3 acres 7 guntas situated at Shirur Village of Yelburga Taluk was acquired for rehabilitation of Shirur Village in view of submersion of the said Village in Hirehalla Project. The Notification under Section 4(1) of the Land Acquisition Act was issued by the respondents on 31.06.2003. The Land Acquisition Officer fixed the market value at ₹ 26,500/- per acre by passing a common award dated 28.04.2006. The appellant being dissatisfied with the quantum of compensation - 3 - HC-KAR NC: 2025:KHC-D:11452 MSA No. 100103 of 2018 awarded by the LAO filed a Reference Petition in LAC NO. 38/2007 under Section 18(1) of the Land Acquisition Act, seeking an enhancement of the compensation. The Reference Court fixed the market value of the land in question at ₹1,26,260/- per acre and that the appellant is also entitled to ₹30,000/- as a compensation for digging a bore well, for power supply and for the installation of motor pump set and for fixing the pipelines. The appellant, being dissatisfied with the compensation re-determined by the Reference Court preferred an appeal under Section 54(2) of the Land Acquisition Act in LAC (Appeal) 51 of 2015 on the file of the learned District Judge, Koppal. The first appellate Court, relying on the judgment passed in MFA No.24634 of 2011 C/w 26633 of 2011, wherein this court, has fixed the market value situated at Muttal village of Yelburga taluk which were acquired for Hirehalla project at ₹1,69,328/- per acre, by giving an escalation of 8% p.a. instead of escalation given by the Reference Court at 3% p.a. with all statutory benefits interest and costs thereon, enhanced the market value to the land acquired to Rs. 1,72,000 per acre with all the statutory - 4 - HC-KAR NC: 2025:KHC-D:11452 MSA No. 100103 of 2018 benefits and the allowed the appeal vide judgment dated 26.04.2018. 4. The claimant/appellant herein aggrieved by the quantum of compensation awarded by the Reference Court and the first appellate Court, filed this miscellaneous second appeal. 5. Heard the arguments of the learned counsel for the claimant/ appellant, the Karnataka Niravari Nigam Limted and the learned High Court Government Pleader. 6. Learned counsel for the appellant submits that in identical matters, the Co-ordinate Bench of this Court has enhanced the market value to ₹2,40,350/- per acre and the lands acquired in MSA No. 100008 of 2015 is also for Hirehalla project. She submits even 100007 and in the instant case the land in question is also acquired for the same project. She submits that the claimant is also entitled to the benefit of the judgment of the Co-ordinate Bench of this Court in MSA - 5 - HC-KAR NC: 2025:KHC-D:11452 MSA No. 100103 of 2018 No.100008 of 2015 and MSA No.100007 of 2015. Hence, on these grounds, she prays to allow the appeal. 7. Per contra, the learned counsel for the Karnataka Neeravari Nigam Limited does not dispute regarding the quantum of compensation fixed by this Court in the aforesaid appeals and she submits that this appeal may be disposed of in terms of the compensation fixed by this Court in the aforesaid appeals. Hence on these grounds, she prays for the disposal of the appeal. 8. Learned High Court Government Pleader adopts the arguments of the learned counsel for Karnataka Neeravari Nigam Limited and accordingly, prays to dispose of the appeal. 9. Perused the records, and considered the submissions of the learned counsel for the parties. 10. It is not disputed that the land in question was acquired for the rehabilitation of Shirur Village, in view of Hirehalla project. The first appellate court determined the - 6 - HC-KAR NC: 2025:KHC-D:11452 MSA No. 100103 of 2018 market value of the land in question, relying upon the previous awards pertaining to the Preliminary Notification dated 13.10.2003, by assessing the escalation at 8% per acre. 11. The Co-ordinate Bench of this Court in the case of Chanabasappa v. Karnataka Neeravari Nigam Ltd and another reported in ILR 2016 Karnataka 363 relying on the judgment of the Division Bench of this Court in MFA No.2186 of 2000 confirmed by the Apex Court, has held that when the market value is fixed on the basis of the previous award, the land owner is entitled to an enhanced compensation by assessing the escalation at 10% per acre. The decision rendered by the Hon'ble Apex Court in the case of Chanabasappa (supra) was regarding the lands acquired for irrigation purpose for the benefit of the very same beneficiary in this proceedings i.e., Karnataka Neeravari Nigam Limited. In view of the ratio laid down by this Court in Chanabasappa's (supra) and also placing reliance on the judgment passed by the Co-ordinate Bench of this Court in MSA No.100007 of 2015 and MSA No.100008 of 2015, the claimant/appellant is - 7 - HC-KAR NC: 2025:KHC-D:11452 MSA No. 100103 of 2018 also entitled to the market value at ₹1,26,500/- per acre with escalation at the rate of 10% which comes to ₹2,40,350/-. 12. The market value of the land in question is fixed at ₹2,40,350/- per acre with all statutory benefits and costs. To the aforesaid extent, the impugned judgments and awards stands modified. 13. Accordingly, the Appeal is allowed with costs. The appellant is not entitled to interest for the delayed period, if any, in filing this appeal. 14. In view of the disposal of the appeal, pending IA’s, if any, shall stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB