- 1 - HC-KAR NC: 2025:KHC:51807-DB M.F.A. No.7110/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7110/2015 (LAC) BETWEEN: S. PANDU S/O SIDDAPPA AGED ABOUT 59 YEARS OCC:AGRICULTURIST R/O. GOPISHETTYKOPPA SHIMOGA-577201. …APPELLANT (BY SRI. PATIL SANGANAGOUDA GURANAGOUDA, ADV.,) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, U.T.P. SHIMOGA-57 201. 2. THE EXECUTIVE ENGINEER U.T.P., SHIVAMOGGA-577 201. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA, AGA FOR R1 SRI. B.R. PRASHANTH, ADV., FOR R2) THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO CALL FOR RECORDS AND SET- ASIDE/MODIFY THE JUDGMENT AND AWARD DATED 08.02.2010 IN LAC NO.19/2001 PASSED BY THE 1ST ADDL. CIVIL JUDGE (SR.DN.) & CJM AT SHIMOGA. DETERMINE THE MARKET VALUE OF THE APPELLANT IN LAND BEARING LAND Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:51807-DB M.F.A. No.7110/2015 BEARING SY.NO.23/3, MEASURING 0.29½ GUNTAS OF GOPISHETTYKOPPA VILLAGE, WHICH COMES WITHIN THE LIMITS OF SHIMOGA CITY AT RS.105/- PER SQ. FEET AND AWARD ALL STATUTORY BENEFITS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the claimant under Section 54(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') challenging the judgment and award dated 08.02.2010 passed in LAC No.19/2001 by the Court of the I Additional Civil Judge (Sr.Dn) and CJM, Shimoga (hereinafter referred to as 'the Reference Court') seeking for higher compensation. 2. Sri.Patil Sanganagouda Guranagouda, learned counsel for the appellant submits that the Reference Court has committed a grave error in determining the market value of the land in question at Rs.2,50,000/- per acre. It is submitted that the co-ordinate Bench of this Court in the - 3 - HC-KAR NC: 2025:KHC:51807-DB M.F.A. No.7110/2015 case of A.SURESH AND OTHERS v. THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER1 has enhanced the market value at Rs.105/- per square feet. It is further submitted that in the said case, the acquisition was for the same purpose under same notification and of the same village. Hence, the appellant in the instant case is also entitled to the similar benefit and seeks to allow the appeal. 3. Per contra, Sri. Manjunath Rayappa, Additional Government Advocate for respondent No.1 and Sri.Prashanth B.R., learned counsel for respondent No.2 support the impugned judgment and award of the Reference Court and submit that the Reference Court has determined the market value based on the evidence available on record, which does not call for any interference. It is further submitted that the judgment of the co-ordinate Bench cannot be the sole basis to enhance the compensation. It is also submitted that the appellant is required to adduce evidence to prove the market value of the lands in question. Hence, they seek to dismiss the appeal. 1 M.F.A. No.4641/2014 and connected matters dtd 25.02.2020 - 4 - HC-KAR NC: 2025:KHC:51807-DB M.F.A. No.7110/2015 4. We have heard the arguments of the learned counsel appearing for the appellant, the learned AGA for respondent No.1, the learned counsel for respondent No.2 and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced. The point that arises for our consideration in this appeal is: "Whether the impugned judgment and award passed by the Reference Court calls for any interference?" 5. The pleadings and evidence on record indicate that the appellant's land measuring 0.29½ guntas in Sy.No.23/3, situated at Gopishettikoppa Village, Shimoga Taluk was acquired pursuant to a preliminary notification issued under Section 4(1) of the Act, dated 19.03.1997, for the purpose of the Upper Tunga Project. The Special Land Acquisition Officer (SLAO) passed an award determining the market value of the land at Rs.66,000/- per acre. Being aggrieved by the said award, the appellant sought a reference under Section 18(1) of the Act. Upon reference, - 5 - HC-KAR NC: 2025:KHC:51807-DB M.F.A. No.7110/2015 the Reference Court re-determined the market value at Rs.2,50,000/- per acre. The learned counsel for the appellant, however, relied on the judgment of co-ordinate Bench of this Court in the case of A.SURESH AND OTHERS referred supra wherein, the market value of the lands situated in the very same locality i.e., Gopishettikoppa Village, Shimoga Taluk acquired for the same purpose under the same notification was re-determined at Rs.105/- per square feet. 6. Having perused the said judgment, we find that the lands involved therein and the appellant's land in the present case are similar in nature, location, and potentiality, and were acquired for the same purpose under the same notification. It would therefore be unjust and inequitable to treat the appellant dissimilarly in the matter of compensation. Accordingly, we are of the considered view that the appellant is entitled to the same rate of compensation as awarded in the earlier case, i.e., at Rs.105/- per square feet. - 6 - HC-KAR NC: 2025:KHC:51807-DB M.F.A. No.7110/2015 7. For the aforementioned reasons, the appeal is allowed in part with costs. The market value of the land measuring 0.29½ guntas in Sy.No.23/3, situated at Gopishettikoppa Village, Shimoga Taluk is re-determined at Rs.105/- per square feet with interest and statutory benefits as per law. The impugned judgment and award in this appeal is modified to the aforesaid effect. The appellant is not entitled to the interest for the delayed period of 1958 days. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 38