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2025 DAILYLAW 70256 (KAR)

SRI M B SHIVAPPA v. THE SPECIAL LAND ACQUISITION OFFICER

MSA/67/2025 · 2025-09-03

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35052 MSA No. 67 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO.67 OF 2025 (LA) BETWEEN: SRI M B SHIVAPPA S/O BASAPPA AGED ABOUT 74 YEARS R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK HASSAN DISTRICT – 562157 …APPELLANT (BY SRI MANOJ KUMAR J Y, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER H.R.P-2, 1ST FLOOR DEPUTY COMMISSIONER BUILDING HASSAN-560058 2. KAVERI NEERAVARI NIGAMA, K. R. S, ROAD, GOKULAM 4TH STAGE, MYSORE, HASSAN- 570020 …RESPONDENTS (BY SMT.GOPALKRISHNA SOODI, AGA FOR R1; SRI B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT DATED 25.02.2017 PASSED IN LAC APPEAL 178/2017 ON THE FILE OF 3rd ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 25.02.2017 PASSED IN LAC Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35052 MSA No. 67 of 2025 NO.56/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, ARAKALGUD, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Manoj Kumar J.Y., learned counsel for the appellant, Sri Gopalkrishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri B.R. Prashanth, learned counsel for respondent No.2. 2. Joint memo is filed, which reads as under: “It is respectfully submitted that this Hon’ble Court Co-ordinate Bench in M.S.A.No.24/2023 c/w 25/23 had enhanced the compensation to Rs.45,000/- per gunta vide order dated 15.11.2024. It is now prayed that this Hon’ble Court be pleased to pass an order in the above cases in accordance with the M.S.A.No.24/23 c/w 25/23, in the interest of justice and equity.” 3. The Co-ordinate Bench of this Court in respect of the very same project has enhanced the compensation amount - 3 - HC-KAR NC: 2025:KHC:35052 MSA No. 67 of 2025 in a sum of Rs.10,000/- as against the order of the First Appellate Court granting Rs.35,000/- per gunta. 4. In the present case, the claimant is also entitled for Rs.45,000/- per gunta, in view of the order passed in MSA No.24/2023 C/w MSA No.25/2023, dated 15.11.2024. Accordingly, the following: ORDER (i) Miscellaneous Second Appeal is allowed. (ii) As against the sum of Rs.35,000/- per gunta granted by the First Appellate Court in respect of the acquired land, appellant/claimant is entitled to Rs.45,000/- per gunta with consequential benefits. (iii) Office to pass modified award accordingly. Sd/- (V SRISHANANDA) JUDGE MR