- 1 - HC-KAR NC: 2025:KHC:44653-DB MFA No. 8983 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 8983 OF 2018 (LAC) BETWEEN: SRI. PUTTARAJU S/O. PUTTAPPA, AGED ABOUT 62 YEARS, R/AT BYADARAHALLI, SALAGOPPALU VILLAGE, KATTAYA HOBLI, HASSAN TALUK AND DISTRICT, PIN CODE-573 101. …APPELLANT (BY SRI. NARASIMHA MURTHY G V., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER H.R.P. NO.2, HASSAN, PIN CODE-573 201. 2. THE CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE-560 009. 3. THE EXECUTIVE ENGINEER YAGACHI PROJECT, BELUR, HASSAN DISTRICT-573 201. …RESPONDENTS (BY SRI. B R PRASHANTH., ADVOCATE FOR R1 & R3; SMT. PRATHIBHA R K, AGA FOR R2) Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:44653-DB MFA No. 8983 of 2018 THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 09.03.2015, PASSED IN LAC NO.49/2014, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, ALLOWING THE CLAIM PETITION FILED U/SEC.18(1) OF THE LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR FURTHER ORDER, 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 09.03.2015 passed in LAC No.49/2014 by the Additional Senior Civil Judge, Hassan (hereinafter referred to as 'the Reference Court') seeking for higher compensation. 2. Sri.Narasimha Murthy G.V., learned counsel for the appellant submits that the Reference Court has committed a grave error in determining the market value - 3 - HC-KAR NC: 2025:KHC:44653-DB MFA No. 8983 of 2018 of the land in question at Rs.20,000/- per gunta. It is submitted that the co-ordinate Bench of this Court in the case of K.S. RAMASWAMY Vs. SPECIAL LAND ACQUISITION OFFICER AND OTHERS1 has enhanced the market value at Rs.1,00,000/- per gunta. It is further submitted that in the said case, the acquisition is for the same purpose and of the same Hobli. Hence, the appellant in the instant case is also entitled for the similar benefit and seeks to allow the appeal. In support of his contention he placed reliance on the following decisions of the Co-ordinate bench of this court: a) SRI. SHIVANNA Vs. SPECIAL LAND ACQUISITION OFFICER AND OTHERS2 b) SANNEGOWDA Vs. SPECIAL LAND ACQUISITION OFFICER AND OTHERS3 c) LAKSHMEGOWDA Vs. SPECIAL LAND ACQUISITION OFFICER AND OTHERS4 1 MFA.NO.7095/2018 dt:12.02.2025 2 MFA.NO.8985/2018 dt:09.02.2022 3 MFA.NO.8760/2018 dt:24.09.2021 4 MFA.NO.8703/2018 dt:25.09.2021 - 4 - HC-KAR NC: 2025:KHC:44653-DB MFA No. 8983 of 2018 d) SHIVAMMA Vs. SPECIAL LAND ACQUISITION OFFICER AND OTHERS5 3. Per contra, Smt. Prathibha R.K., learned Additional Government Advocate for Respondent No.2 and Sri.Prashanth B.R., learned counsel for respondent Nos.1 and 3 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. 4. We have heard the arguments of the learned counsel appearing for the appellant, the learned Additional Government Advocate for Respondent No.2, the learned 5 MFA.NO.1475/2018 dt:31.07.2024 - 5 - HC-KAR NC: 2025:KHC:44653-DB MFA No. 8983 of 2018 counsel for respondent Nos.1 and 3 and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced. The point that arises for 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 24 guntas in Survey No. 12, situated at Kattaya Village, Kattaya Hobli, Hassan Taluk, was acquired pursuant to a preliminary notification issued under Section 4(1) of the Land Acquisition Act, 1894, dated 11.02.2009, for the purpose of the Yagachi Reservoir Project. The Special Land Acquisition Officer (SLAO) passed an award determining the market value of the land at Rs.77,200/- per acre. Being aggrieved by the said award, the appellant sought a reference under Section 18(1) of the Act. Upon reference, the Reference Court re-determined the market value at Rs.20,000/- per - 6 - HC-KAR NC: 2025:KHC:44653-DB MFA No. 8983 of 2018 gunta. The learned counsel for the appellant, however, relied on the judgments of co-ordinate Benches of this Court wherein, the lands situated in the very same locality i.e., Kattaya Hobli, Hassan Taluk, acquired under the same preliminary notification dated 11.02.2009 for the Yagachi Reservoir Project, the market value was re-determined at Rs.1,00,000/- per gunta. 6. Having perused the said judgments, 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 differently 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 cases referred supra, i.e., at Rs.1,00,000/- (Rupees One Lakh) per gunta. - 7 - HC-KAR NC: 2025:KHC:44653-DB MFA No. 8983 of 2018 7. For the aforementioned reasons, the appeal is allowed in part with costs. The market value of the land measuring 24 guntas in Sy.No.12 situated at Kattaya Village, Kattaya Hobli, Hassan Taluk is re-determined at Rs.1,00,000/- per gunta with interest and statutory benefits as per law. The impugned judgment and award in this appeal is modified to the aforesaid extent. The appellant is not entitled to the interest for the delay period of 1859 days i.e., 1246 days in filing the appeal as well as delay of 613 days in filing the application for recalling the order dated 13.06.2023. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK,BSR List No.: 1 Sl No.: 21