- 1 - HC-KAR NC: 2026:KHC:8540-DB M.F.A. No.2435/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.2435/2015 (LAC) BETWEEN: 1. T. KUMARASWAMY S/O H. THIMMAIAH SRINIVASA WINE STORES JAIL ROAD, SHIMOGA REP. BY HIS GPA HOLDER L. VENKATESH S/O LAKSHMINARASIMHAIAH AGED 50 YEARS R/AT. WARD NO.35 GADIKOPPA LAYOUT SHIMOGA. SINCE DECEASED REP. BY LR'S. 1(a) SMT. BHUVANESHWARI AGED ABOUT 50 YEARS W/O LATE T. KUMARASWAMY. 1(b) S.K. VENKATESH AGED ABOUT 28 YEARS S/O LATE T. KUMARASWAMY. 1(c) S.K. GEETHA AGED ABOUT 27 YEARS D/O LATE T. KUMARASWAMY. 1(d) S.K. GOVINDARAJ AGED ABOUT 25 YEARS S/O LATE T. KUMARASWAMY. Digitally signed by ARSHIFA BAHAR KHANAM HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8540-DB M.F.A. No.2435/2015 ALL ARE SONS AND DAUGHTER OF LATE T. KUMARASWAMY AND ALL ARE RESIDING AT JAIL ROAD SHIMOGA-577201. …APPELLANTS (BY SRI. SANGAMESH G. PATIL, ADV.,) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER UTP, SHIMOGA-577201. 2. THE EXECUTIVE ENGINEER UTP, SHIMOGA-577201. …RESPONDENTS (BY SRI. JAYALINGAYYA MUDENOORMATH, AGA FOR R1 SRI. PRAKASH ANGADI, ADV., FOR R2) THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, PRAYING TO CALL FOR RECORDS AND SET- ASIDE/MODIFY THE JUDGMENT AND AWARD DATED 14.7.2009 IN LAC NO.96/2003 PASSED BY I ADDITIONAL CIVIL JUDGE (SR.DN.) SHIMOGA AND BE PLEASED TO DETERMINE THE MARKET VALUE OF THE APPELLANT LAND BEARING SY.NO.125 MEASURING 6982.80 SQ. METERS OF SOMINAKOPPA VILLAGE, SHIMOGA TALUK AND DISTRICT AT RS.150/- PER SQ. FEET AND AWARD ALL STATUTORY BENEFITS IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:8540-DB M.F.A. No.2435/2015 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the claimant challenging the judgment and award dated 14.07.2009 passed in LAC No.96/2003 by the Court of I Additional Civil Judge (Senior Division) and CJM at Shimoga (hereinafter referred to as 'the Reference Court') seeking for higher compensation. 2. For the sake of convenience, the parties are referred to as per their ranking before the Reference Court. 3. The brief facts leading to the filing of this appeal are that the claimant’s lands measuring 6982.80 sq meters in Sy.No.125 of Sominakoppa Village, Kasaba Hobli, Shimoga Taluk was acquired by the respondents for the purpose of the Upper Thunga Project. The Special Land Acquisition Officer (SLAO) determined the market value of the land at Rs.150/- per sq. meter. Upon reference, the Reference Court recorded the evidence. - 4 - HC-KAR NC: 2026:KHC:8540-DB M.F.A. No.2435/2015 The claimant examined himself as PW-1 and got marked Exs.P1 to P7. The respondents neither adduced any evidence nor produced any documents. The Reference Court, on appreciation of the evidence on record, re-determined the market value of the land in Sy.No.125 at Rs.400 per sq.meter along with all statutory benefits. Aggrieved by the same, the claimant has filed this appeal seeking for higher compensation. 4. Sri.Sangamesh G.Patil, learned counsel for the appellants submits that the Reference Court has committed a grave error in awarding meager compensation without considering the material on record in its proper perspective. It is submitted that in the case of Sri.G.C.Sharanappa v. The Special Land Acquisition Officer, Upper Thunga and Another1, wherein the land involved is from same village and the same purpose as the land in the instant case, the compensation has been awarded at Rs.150/- per sq. ft. Hence, he seeks to 1 MFA.No.3364/2012 and connected matters dtd 13.01.2020 - 5 - HC-KAR NC: 2026:KHC:8540-DB M.F.A. No.2435/2015 enhance the compensation in the instant case, as per the terms of the aforesaid judgment on the ground of parity. Hence, he seeks to allow the appeal. 5. Per contra, the learned Additional Government Advocate for respondent No.1 and Sri.B.V.Prakash Angadi, learned counsel for respondent No.2 support the impugned judgment of the Reference Court and submit that the Reference Court has passed the impugned judgment after considering the material available on record, which does not call for any interference. Hence, they seek to dismiss the appeal. 6. We have heard the learned counsel for the appellants, the learned Additional Government Advocate for respondent No.1, the learned counsel for respondent No.2 and perused the materials available on record. We have given our anxious consideration to the submissions advanced on both the sides. - 6 - HC-KAR NC: 2026:KHC:8540-DB M.F.A. No.2435/2015 7. It is not in dispute that the claimant’s lands measuring 6982.80 sq. meters in Sy.No.125 of Sominakoppa Village, Kasaba Hobli, Shimoga Taluk was acquired by the respondents for the purpose of the Upper Thunga Project vide preliminary notification dated 11.09.1997 and final notification dated 08.01.1999. The Special Land Acquisition Officer (SLAO) determined the market value of the lands at Rs.150/- per sq. meter by passing award on 09.05.2000. The possession of the lands in question was taken on 16.10.2000. The claimant sought the reference and examined himself as PW-1 and got marked Exs.P1 to P7. The Reference Court, on appreciation of the oral and documentary evidence proceeded to pass the impugned judgment by enhancing the compensation to Rs.400/- per sq. meter. 8. The appellants rely on the judgment of the Co-ordinate Bench of this Court in the case of Sri.G.C.Sharanappa referred supra. It is noticed that the land in the said case and the instant case, were acquired - 7 - HC-KAR NC: 2026:KHC:8540-DB M.F.A. No.2435/2015 under the same notification, for the same purpose and are from the same village. It would therefore be unjust and inequitable to treat the appellants dissimilarly in the matter of compensation. Accordingly, we are of the considered view that the appellants are entitled to the same rate of compensation as awarded in the earlier case, i.e., at Rs.150/- per square feet. 9. Accordingly, the appeal is allowed-in-part with costs. The appellants are entitled to the compensation at Rs.150/- per sq. ft. with respect to lands measuring 6982.80 sq. meters in Sy.No.125 of Sominakoppa Village, Kasaba Hobli, Shimoga Taluk, with all statutory benefits and interest as per law. The impugned judgment and award in this appeal is modified to the aforesaid effect. - 8 - HC-KAR NC: 2026:KHC:8540-DB M.F.A. No.2435/2015 The appellants are not entitled to the interest for the delayed period of 1990 days in filing this appeal as per order dated 13.03.2020. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 51