- 1 - HC-KAR NC: 2025:KHC:35966 MSA No. 198 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 198 OF 2024 (LA) BETWEEN: SMT. GOWRAMMA SINCE DEAD BY LR'S 1. SRI. MAHADEVAPPA S/O LATE ERAPPA @ MUTTHAPPA AND SMT. GOWRAMMA AGED ABOUT 64 YEARS R/AT MUNDAGODU VILLAGE, KATTIMALLENAHALLI, ARAKALGUD TALUK HASSAN DISTRICT - 573 102. 2. SMT. LEELAVATHI D/O LATE ERAPPA @ MUTTHAPPA AND SMT. GOWRAMMA AGED ABOUT 61 YEARS R/AT MUNDAGODU VILLAGE, KATTIMALLENAHALLI, ARAKALGUD TALUK. HASSAN DIST - 573 102. 3. SRI. M.E. BASAPPA S/O LATE ERAPPA @ MUTTHAPPA AND SMT. GOWRAMMA AGED ABOUT 48 YEARS R/AT MUNDAGODU VILLAGE, KATTIMALLENAHALLI, ARAKALGUD TALUK. HASSAN DIST - 573 102. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35966 MSA No. 198 of 2024 4. SRI. CHANNAPPA M.E S/O LATE ERAPPA @ MUTTHAPPA AND SMT. GOWRAMMA AGED ABOUT 47 YEARS R/AT NO 961, 13TH MAIN ROAD BANASHANKARI 2ND STAGE BIDARAHALLI, BANASHANKARI II STAGE BENGALURU DISTRICT - 560 070. …APPELLANTS (BY SRI. MANOJ KUMAR J.Y, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER H.R.P-2, 1 FLOOR DEPUTY COMMISSIONER BUILDING HASSAN - 560 058. 2. KAVERI NEERAVARI NIGAMA, K. R. S, ROAD, GOKULAM 4TH STAGE, MYSORE - 570 020. …RESPONDENTS (BY SRI. GOPALKRISHNA SOODI, AGA FOR R1; SRI. B.R. PRASHANTH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND AWARD DATED 18.04.2022 PASSED IN LAC (APPL) NO.180/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 11.03.2016 PASSED IN LAC NO.26/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARAKALGUD, PARTLY ALLOWING REFERENCE PETITION FILED UNDER SEC.18 (1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35966 MSA No. 198 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri.Manoj Kumar J. Y., learned counsel for the appellants and Sri.Gopalkrishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri.B.R.Prashanth, learned counsel for respondent No.2. 2. I.A.No.4/2024 is filed for condonation of delay of 877 days in filing the appeal. Taking note of the fact that matter is to be disposed of on merits by enhancing the compensation amount in a sum of Rs.10,000/- in view of the order passed by the Coordinate Bench of this Court in MSA No.25/2023 connected with MSA No.24/2023 dated 15.11.2024, delay of 877 days is condoned subject to the condition that the appellants would not be entitled for the interest for the delayed period. 3. Learned counsel for the appellants submits that already legal representatives are brought on record and therefore, there is no necessity to amend the cause title. - 4 - HC-KAR NC: 2025:KHC:35966 MSA No. 198 of 2024 4. Heard the arguments of the parties on the merits of the matter. 5. Issue involved in the present appeal is covered by the judgment of this Court in MSA No.25/2023 connected with MSA No.24/2023 dated 15.11.2024 inasmuch as the land of the claimant is acquired for the same project under the same notification. 6. Taking note of the fact that the beneficiary and the Government have accepted the judgment passed in the aforesaid second appeals, legal representatives of the claimant in this present appeal are also entitled for the compensation at the rate of Rs.45,000/- per gunta with consequential relief. 7. Accordingly, the following: ORDER i. Appeal is allowed. - 5 - HC-KAR NC: 2025:KHC:35966 MSA No. 198 of 2024 ii. Legal representatives of the claimant are entitled for compensation at the rate of Rs.45,000/- per gunta with consequential benefits. iii. Office is directed to pass modified award. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 26 CT: BHK