SMT SHANTHAMALLAPPA v. THE SPECIAL LAND ACQUISITION OFFICER
MSA/164/2024 · 2025-09-03
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78911 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78911 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35129 MSA No. 164 of 2024
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.164 OF 2024 (LA) BETWEEN:
SRI SHANTHAMALLAPPA S/O NANJAPPAIAH AGED ABOUT 67 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-560 058
2.
KAVERI NEERAVARI NIGAMA, K.R.S.ROAD, GOKULAM 4TH STAGE, MYSORE, HASSAN- 570 020. …RESPONDENTS (BY SRI GOPALKRISHNA SOODI, ADDITIONAL GOVERNMENT ADVOCATE FOR R1;
SRI B.R.PRASHANTH, ADVOCATE FOR R2)
THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2022 PASSED IN LAC(APPEAL) NO.198/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 11.03.2016 PASSED IN LAC 32/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARAKALGUD, PARTLY ALLOWING THE
Digitally signed by R MANJUNATHA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35129 MSA No. 164 of 2024
PETITIONS FILED UNDER SECTIONS 18(1) OF LAND ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, 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. This Court in respect of the very same project has enhanced the compensation amount in a sum of Rs.10,000/- as
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HC-KAR NC: 2025:KHC:35129 MSA No. 164 of 2024
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. 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