- 1 - NC: 2025:KHC-D:3927 MFA No. 103652 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103652 OF 2018 (LAC) BETWEEN: FAKIRAPPA S/O. KALLAPPA HATTI, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, R/O: TURAMARI, TQ: BAILHONGAL, DIST: BELAGAVI-591128. …APPELLANT (BY SRI K. ANAND KUMAR, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA NO.III DHARWAD, BAGALKOT, NOW DHARWAD-580001. 2. THE EXECUTIVE ENGINEER, M.L.B.C.C. DIVISION NO.2, KARNATAKA NIRAVARI NIGAM LTD., NAVILUTHEERTH, TQ: SAVADATTI, DIST: BELAGAVI-591126. …RESPONDENTS (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1; SRI K.S. PATIL, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 12.07.2012 PASSED IN L.A.C NO.380/2011 BY THE SENIOR CIVIL JUDGE, BAILHONGAL WITH ALL STATUTORY BENEFITS AND ALSO ALLOW THE SAID APPEAL WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3927 MFA No. 103652 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for hearing on interlocutory application, with consent of the learned counsel for the appellant and respondents, it is taken up for final disposal. 2. This appeal is filed by the claimant challenging the judgment and award dated 12.07.2012, passed by the Senior Civil Judge, Bailhongal, in LAC No.380/2011, seeking for enhancement of compensation. 3. Heard the arguments on both the sides and perused the material placed on record. 4. The appellant is the owner of the land bearing Sy.No.12/4 measuring 1 acre 29 guntas situated at Turmari village, Bailhongal Taluk. The land is acquired for the purpose of Malaprabha project under preliminary notification dated 10.12.2009 issued under Section 4(1) of the Land Acquisition Act, 1894. The Special Land Acquisition Officer has passed an award, awarding the - 3 - NC: 2025:KHC-D:3927 MFA No. 103652 of 2018 compensation of Rs.38,558/- per acre. On the reference, the reference Court has enhanced the compensation to Rs.2,94,000/- per acre. 5. Being aggrieved by it, the claimant has preferred appeal seeking for enhancement of compensation. 6. In MSA No.100012/2016 and connected matters disposed off on 19.07.2016 between Razaqsab and Another Vs SLAO and Another has enhanced the compensation to Rs.5,08,000/- per acre, which is also for the similarly situated lands as that of the appellant/claimant. Further, this Court in MFA No.22956/2012 by the order dated 14.09.2016 has enhanced compensation to Rs.5,08,000/- per acre in respect of the very same project, of the same date of notification and of the same village. Therefore, the appeal is liable to be allowed as the claimant is also entitled to benefit of parity along with the claimants in the above cited judgments. - 4 - NC: 2025:KHC-D:3927 MFA No. 103652 of 2018 7. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment and award dated 12.07.2012, passed by the Senior Civil Judge, Bailhongal, in LAC No.380/2011 stands modified. iii. The appellant/claimant is entitled for enhanced compensation at the rate of Rs.5,08,000/- per acre, along with other statutory benefits, excluding the interest on the delayed period of 2191 days in filing the appeal with costs. iv. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 13