- 1 - HC-KAR NC: 2025:KHC:31839-DB MFA No. 6106 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 6106 OF 2021 (LAC) BETWEEN: THE EXECUTIVE ENGINEER UPPER TUNGA PROJECT SHIVAMOGGA …APPELLANT (BY SRI. PRASHANTH B.R, ADVOCATE AND SRI. B. SUDHAKAR, ADVOCATE) AND: 1. V.T SHARMA S/O T.K BHAT R/O NO. 107, E16TH MAIN VIJAYANAGAR, BENGALURU REPRESENTED BY GPA HOLDER L VENKATESH S/O LAKSHMINARASIMHAIAH AGED ABOUT 52 YEARS R/O GADIKOPPA, SRI. LAKSHMINARASIMHAIAH NILAYA B.H ROAD, RIGHT SIDE, SHIVAMOGGA 2. THE SPECIAL LAND ACQUISITION OFFICER Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31839-DB MFA No. 6106 of 2021 UPPER THUNGA PROJECT SHIVAMOGGA. …RESPONDENTS (BY SRI. MAHESH C.M, ADVOCATE FOR R1, SMT. SHWETHA KRISHNAPPA, AGA FOR R2) THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.12.2020 PASSED IN LAC NO. 76/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, ALLOWING THE REFERENCE PETITION U/S.18 OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) The State has preferred this appeal challenging the judgment and award dated 10.12.2020 passed in LAC No.76/2018 by the Principal Senior Civil Judge, Shivamogga (for short "the Reference Court"), whereby the Reference Court has allowed the claim petition filed under Section 18 of the - 3 - HC-KAR NC: 2025:KHC:31839-DB MFA No. 6106 of 2021 Land Acquisition Act, 1984 (hereinafter referred to as "the Act") by the claimant/respondent No.1. 2. For the sake of convenience, the parties are referred to as they referred before the Reference Court. 3. The claimant was the owner of the property bearing Sy.No.75/2 measuring 5.10 acres situated at Anupinakatte Village, which was acquired for the purpose of Upper Tunga Project. The Special Land Acquisition Officer - respondent No.2 has awarded compensation of Rs.6,93,055/- along with statutory benefits. It is stated that since the award notice was not served to the claimant, he preferred LA.Misc.No.24/2016 under Section 18 of the Act seeking reference for award of compensation. Subsequently, the Reference Court, in its judgment in LAC No.76/2018 has awarded compensation at Rs.105/- per sq. feet along with statutory benefits. 4. Aggrieved by the above judgment and award, the State has preferred this appeal. - 4 - HC-KAR NC: 2025:KHC:31839-DB MFA No. 6106 of 2021 5. We have heard learned for the appellant and learned counsel for the respondents and perused the material on record. 6. Learned counsel for the appellant submits that the Reference Court has grossly erred while enhancing the compensation by relying on the judgment and decree passed in LAC No.136/2004. Though the claimant has failed to lead evidence to claim parity with MA.No.12/2008, LAC.Nos.102/2003 and 109/2003 which were in respect of adjacent villages, the Reference Court has enhanced the compensation relying on the judgments passed in the said cases. Accordingly, he prays to allow the appeal and set-aside the judgment and award passed by the Reference Court. 7. Per contra, learned counsel for respondent No.1/claimant justifies the judgment and awarded passed by the Reference Court and prays to dismiss the appeal. 8. On careful perusal of the record, it is clear that as per Ex.P.13 - City Development Plan, Anupinakatte Village i.e., the place where the land in question is situated and the villages - 5 - HC-KAR NC: 2025:KHC:31839-DB MFA No. 6106 of 2021 namely Gopashettykoppa, Alkola and Malligenahalli Villages are adjacent to each other and as per the judgments relied on by the Reference Court in respect of lands situated in the aforesaid adjacent villages, which were also acquired for said Upper Tunga Project, the compensation was fixed at the rate of Rs.105/- per sq. ft. Accordingly, the Reference Court on parity fixed the compensation in the instant case as well at the rate of Rs.105/- per sq. ft. 9. The Co-ordinate Bench of this Court in the case of The Asst. Commissioner, Mysore (Sub-Division), Mysore vs. Smt. Puttamma reported in 2013 (1) Kar.L.J 350 has held that there is no bar for the Court to refer the award passed in other cases pertaining to similar lands acquired under same notification. Further, the Reference Court, by relying on the judgment and award passed in LAC Nos.2/2001, 7/2001, 134/2004 and 136/2004 and also the judgment passed by this Court in MFA Nos.3559/2013 and 10207/2013, has enhanced the compensation at the rate of Rs.105/- per sq.ft. in respect of land in question on the ground that in the said judgments the compensation was fixed at Rs.105/- per sq. ft. in respect of - 6 - HC-KAR NC: 2025:KHC:31839-DB MFA No. 6106 of 2021 lands situated in adjacent villages which were also acquired for Upper Tunga Project. 10. In view of the above, we find no error in the judgment and award passed by the Reference Court. Accordingly, the appeal is dismissed being devoid of merits. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE PKS/K List No.: 1 Sl No.: 36