- 1 - HC-KAR NC: 2026:KHC:6788 MSA No. 66 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 66 OF 2025 (LA) BETWEEN: SRI CHANNAPPA, S/O LATE BASAVARAPPA,AGED ABOUT 66 YEARS, R/AT MUNDAGODU VILLAGE, PO: KATTIMALLENAHALLI, KASABA HOBLI, ARAKALGUD TALUK. HASSAN DIST - 573102. …APPELLANT (BY SRI MANOJ KUMAR J Y.,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. …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 AWARD DATED 18.04.2022 PASSED IN LAC(APPEAL) NO.185/2017 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 28/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND JMFC, ARKALGUD, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SEC.18 OF THE LAND ACQUISITION ACT. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6788 MSA No. 66 of 2025 THIS APPEAL, COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents. 2. The appellant's land bearing Sy.No.34/1 measuring 7 guntas in Mundagodu Village, Kasaba Hobli, Arkalgudu Taluk was acquired under the provisions of the Land Acquisition Act, 1894. The preliminary notification was issued on 03.09.2009. The Land Acquisition Officer granted a compensation of Rs.49,000/- per acre. On reference, the Reference Court awarded Rs.25,000 per gunta. On appeal being filed by the land loser, the Appellate Court awarded Rs.35,000 per gunta as the market value. 3. Learned counsel for the appellant/land loser would submit that, in respect of the land acquired under the same notification in the same village and which is - 3 - HC-KAR NC: 2026:KHC:6788 MSA No. 66 of 2025 similar to the land of the appellant, compensation of Rs.45,000 per gunta is awarded by this Court in M.S.A. No.25/2023. 4. Learned counsel for the respondent does not dispute the fact that Rs.45,000 per gunta is awarded by this Court in M.S.A. No.25/2023 and does not dispute the fact that there is no appeal filed against the said order. However, he would urge that the compensation awarded to the appellant is adequate and there is no scope for enhancement. 5. The Court has considered the contentions raised at the bar and perused the records. 6. In M.S.A. No.25/2023, the Court was dealing with the question relating to the market value in respect to the land acquired under the preliminary notification dated 03.09.2009 wherein the land acquired is of the same village and the purpose of acquisition was also same. There appears to be no dispute that the land bearing Sy.No.34/1 and Sy.No.79/2 are in the close vicinity. No - 4 - HC-KAR NC: 2026:KHC:6788 MSA No. 66 of 2025 material is placed on record to show that the land in question in the present appeal is inferior to the land bearing Sy.No.79/2 which was the subject matter of appeal in M.S.A. No.25/2023. 7. Under these circumstances, the Court is of the view that appellant is entitled to same higher compensation as awarded in MSA No.25/2023 and market share of the appellant's land is determined at Rs.45,000 per gunta with all other consequential benefits. However, as already ordered on the interim application for condonation of delay, appellant is not entitled to interest on enhanced compensation for 994 days, in view of the delay in filing the appeal. 8. Accordingly, the appeal is allowed-in-part with proportionate costs. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn List No.: 1 Sl No.: 124