- 1 - HC-KAR NC: 2025:KHC-D:9147 MFA No. 102292 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102292 OF 2019 (LAC) BETWEEN: SHIVABASAPPA S/O SHANKAREPPA BADIGER, AGE ABOUT 60 YEARS, OCC: AGRICULTURE, R/O: TIGADI, TQ: BAILHONGAL, DIST: BELAGAVI. … APPELLANT (BY SRI. K. ANAND KUMAR, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, MALAPRBHA PROJECT DHARWAD, DIST: DHARWAD, NOW AT BAGALKOT. 2. THE EXECUTIVE ENGINEER, M.L.B.C.C. DIVISION NO.2, KARNATAKA NIRAVARI NIGAM LTD., NAVILUTHEERTH, TQ: SAVADATTI, DIST: BELAGAVI. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. LINGESH KATTEMANE, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 11.12.2012 PASSED IN L.A.C. NO.51/2012 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE BAILHONGAL, SEEKING FOR ENHANCE THE MARKET VALUE OF RS.5,08,000/- PER ACRE ALONG WITH ALL STATUTORY BENEFITS AND ALSO ALLOW THE SAID APPEAL WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9147 MFA No. 102292 of 2019 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This Miscellaneous First Appeal is filed under Section 54(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) by the appellant/claimant challenging the judgment and award passed in LAC No.51/2012 dated 11.12.2012 on the file of Senior Civil Judge, Bailhongal (for short, ‘the reference Court’). 3. The appellant/claimant land bearing Sy.No.1/1A measuring 1 acre 13 gunta situated at Kallur village of Bailhongal Taluk was acquired under the preliminary notification dated 26.02.2009, issued under Section 4(1) of the Land Acquisition Act, 1894, for the purpose of Malaprabha Project and consequently, the Special Land Acquisition Officer (for short, ‘SLAO’) has passed an award, awarding the compensation of Rs.35,814/- per acre. On the reference application filed by the claimant, the reference Court enhanced - 3 - HC-KAR NC: 2025:KHC-D:9147 MFA No. 102292 of 2019 the compensation to Rs.3,16,500/- per acre. Being aggrieved, the claimant is before this Court seeking enhancement of compensation. 4. Learned counsel for appellant submitted that in the very same and similar facts and circumstances in respect of the lands acquired for the very same Malaprabha Project, this Court has enhanced the compensation amount to Rs.5,08,000/- per acre as against Rs.2,94,000/-. Therefore, prays for enhancement of compensation in terms of judgment of this Court in MFA No.22227/2012 disposed off on 26.08.2016 between Sri.Basappa and The Special Land Acquisition Officer and Another. Therefore, on parity, the appellants pray for enhancement of compensation. 5. This Court, in the case of Sri.Basappa (supra), has enhanced the compensation to Rs.5,08,000/- per acre with all statutory benefits and costs in respect of lands situated in Mugabasav village of Bailhongal Taluk, under the notification dated 09.07.2009. Therefore, in the present case, the lands are situated at Kallur village of Bailhongal Taluk and in the case of - 4 - HC-KAR NC: 2025:KHC-D:9147 MFA No. 102292 of 2019 Sri. Basappa (supra) also, the lands are situated at Bailhongal Taluk and the SLAO has acquired lands for same project, therefore, the appellant/claimant shall not be discriminated. Hence, in the present case also the appellant/claimant is entitled to compensation equal to the award in the above stated case with all statutory benefits and costs. Therefore, the appeal is squarely covered by the judgment stated supra. Thus, the appeal is liable to be allowed with costs. 6. Hence, I proceed to pass the following: ORDER i) The appeal is allowed with costs. ii) The judgment and award passed in LAC No.106/2012 dated 24.04.2013 on the file of Senior Civil Judge, Bailhongal, is modified by determining the market value for the acquired lands at the rate of Rs.5,08,000/- per acre, as against Rs.3,16,400/- awarded by the reference Court. iii) The appellant is entitled for the compensation along with all statutory benefits and interest. - 5 - HC-KAR NC: 2025:KHC-D:9147 MFA No. 102292 of 2019 iv) Rest of the observations made by the reference Court is left undisturbed. v) The claimant is not entitled to interest for the delayed period, if any. vi) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 17