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2025 DAILYLAW 80389 (KAR)

SMT KAMALAMMA v. THE SPECIAL LAND ACQUISITION OFFICER

MSA/65/2025 · 2025-09-03

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35071 MSA No. 65 of 2025 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.65 OF 2025 (LA) BETWEEN: 1. SMT KAMALAMMA W/O LATE ANNAJAPPA AGED ABOUT 68 YEARS R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK HASSAN DIST -562157 2. VASANTHA S/O LATE ANNAJAPPA AGED ABOUT 48 YEARS R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK. HASSAN DIST-562157 …APPELLANTS (BY SRI J.Y.MANOJ KUMAR, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER H.R.P-2, 1ST FLOOR DEPUTY COMMISSIONER BUILDING HASSAN-560058 2. KAVERI NEERAVARI NIGAMA, K. R.S. ROAD, GOKULAM 4TH STAGE, MYSORE- 570020 3. DISTRICT COMMISSIONER DC OFFICE, B.M. ROAD, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35071 MSA No. 65 of 2025 HASSAN -573201 …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 01.10.2024 PASSED IN LAC (APPEAL) 224/2022 ON THE FILE OF 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 03.08.2017 PASSED IN LAC NO.17/2014 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, ARAKALGUD, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ORDERS, 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 - 3 - HC-KAR NC: 2025:KHC:35071 MSA No. 65 of 2025 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. The Co-ordinate Bench of this Court, in respect of the very same project has enhanced the compensation amount in a sum of Rs.10,000/- as 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, dated 15.11.2024. 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 - 4 - HC-KAR NC: 2025:KHC:35071 MSA No. 65 of 2025 to Rs.45,000/- per gunta with consequential benefits. (iii) Office to pass modified award accordingly. Sd/- (V SRISHANANDA) JUDGE MR