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2026 DAILYLAW 12692 (KAR)

SRI LATE BASAPPA SINCE DEAD BY LRS., v. THE SPECIAL LAND ACQUISITION OFFICER

MSA/194/2024 · 2026-02-13

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9012 MSA No. 194 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 194 OF 2024 (LA) BETWEEN: 1. SRI LATE BASAPPA SINCE DEAD BY LRS., SMT. KAMALAMMA, W/O. LATE BASAPPA, AGED ABOUT 74 YEARS, R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-562 157. 2. SRI. PRAKASHA S/O. LATE BASAPPA, AGED ABOUT 47 YEARS, R/AT NO. 342, MADANAYAKANAHALLI, MADAVARA, BANGALORE NORTH-562 123. 3. SRI. PRASANNA.M. B. S/O. LATE BASAPPA, AGED ABOUT 44 YEARS, R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-562 157. …APPELLANTS (BY SRI. MANOJ KUMAR J Y, ADVOCATE) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9012 MSA No. 194 of 2024 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-570 020. …RESPONDENTS (BY SMT. RANSA VASANTHI D L, HCGP FOR R1; SRI B R PRASHANTH, ,ADVOCATE FOR R2) THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND DECREE DATED 18.04.2022 PASSED IN LAC (APPEAL) NO.189/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 11.03.2016 PASSED IN LAC NO.31/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARAKALGUD, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SEC.18 OF LAND ACQUISITION ACT AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT It is submitted by the learned counsel for the appellants and the respondents that the issue raised in the present appeal - 3 - HC-KAR NC: 2026:KHC:9012 MSA No. 194 of 2024 is covered in terms of the judgment of the Co-ordinate Bench of this Court in the case of Puttaswamappa vs. Special Land Acquisition Officer and Another (M.S.A. No.25/2023 c/w M.S.A. No.24/2023). 2. The submission is placed on the record. 3. The appeal is allowed in terms of the decision in the aforementioned Miscellaneous Second Appeal and market value of the land is determined at ₹ 45,000 with all statutory benefits. 4. There is a delay of 962 days in preferring the appeal. 5. Accepting the reasons stated in the affidavit accompanying the application, delay of 962 days in filing the appeal is condoned and the interest for the said period is denied. 6. IA Nos.2/2024, 3/2024 and 4/2024 are filed to condone the delay of 962 days in bring the legal representatives of deceased appellant No.1, to set aside the - 4 - HC-KAR NC: 2026:KHC:9012 MSA No. 194 of 2024 abatement and to bring the legal representatives of deceased appellant No.1 on record. 7. For the reasons stated in the affidavits accompanying the applications, IA Nos.2/2024, 3/2024 and 4/2024 are allowed. Delay condoned, the abatement is set aside and the proposed legal representatives of deceased appellant Basappa are allowed to come on record as appellant Nos.1 to 3. 8. Learned counsel for the appellants to carry out amendment. Accordingly, the appeal is allowed in part. Sd/- (ANANT RAMANATH HEGDE) JUDGE YKL List No.: 1 Sl No.: 11