- 1 - NC: 2025:KHC-D:1171 MFA No. 105189 of 2023 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 105189 OF 2023 (LAC) BETWEEN: SMT. NEELAWWA W/O. SHIVABASAPPA GODI AGE. 78 YEARS, OCC. AGRICULTURE, R/O. KASABA JAMBAGI, TAL. MUDHOL, BAGALKOT. …APPELLANT (BY SRI BASAVARAJ S. BYAKOD, ADVOCATE.) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER MALAPRABHA PROJECT - I, DIST. BAGALKOT-587101. 2. EXECUTIVE ENGINEER M.B.C. DIV.I GADDANKERI, BAGALKOT. …RESPONDENTS (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1; SRI M.B. KANAVI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO CALL FOR RECORDS AND ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 16.07.2012 PASSED BY THE SENIOR CIVIL JUDGE, MUDHOL, IN LAC NO.75/2010, AND ENHANCE THE COMPENSATION AMOUNT FROM RS.1,80,000/- TO RS.2,20,000/- PER ACRE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1171 MFA No. 105189 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant/appellant challenging the judgment and award dated 16.07.2012, passed by the Senior Civil Judge, Mudhol, in LAC No.75/2010, seeking for enhancement of compensation for the lands acquired by the respondents for the purpose of construction of canal. 2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. 3. In this case, the Special Land Acquisition Officer (SLAO) has awarded compensation of Rs.96,714/- per acre and the same is enhanced by the Reference Court to Rs.1,80,000/- per acre. Still aggrieved, as the amount enhanced by the Reference Court is lesser side, the claimant has preferred the present appeal seeking for enhancement of compensation. - 3 - NC: 2025:KHC-D:1171 MFA No. 105189 of 2023 4. This Court, for similarly situated claimants of having acquired the lands situated at Kasabajambagi village in Mudhol taluka of Bagalkote district, acquired on 21.08.2003 under preliminary notification under section 4(1) of the Land Acquisition Act, has awarded compensation of Rs.2,22,000/- per acre. In the present case the preliminary notification under section 4(1) of the Act is dated 29.04.2004. Therefore, the claimant is entitled for compensation on parity with the claimants in MFA No.102468/2014 and this Court on 09.07.2015 has enhanced the compensation to Rs.2,22,000/- per acre. 5. Therefore the claimant/appellant in this appeal is also entitled for enhanced compensation at the rate of Rs.2,22,000/- per acre. Accordingly the appeal is liable to be allowed. Hence, I proceed to pass the following: ORDER i) The appeal is allowed. - 4 - NC: 2025:KHC-D:1171 MFA No. 105189 of 2023 ii) The judgment and award dated 16.07.2012, passed by the Senior Civil Judge, Mudhol, in LAC No.75/2010, is modified. iii) The claimant/appellant is entitled for enhanced compensation at the rate of Rs.2,22,000/- per acre along with statutory benefits, costs and interest. iv) The claimant is not entitled for interest for the delayed period of 3589 days in preferring the appeal. v) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT-CMU LIST NO.: 2 SL NO.: 12