- 1 - HC-KAR NC: 2026:KHC:4487-DB M.F.A. No.8760/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.8760/2015 (LAC) BETWEEN: MANJAPPA .M S/O MALLAPPA, AGE MAJOR R/O. KALLAPPANAKERI SHIMOGA TALUK & DISTRICT-577201 BY HIS GPA HOLDER VENKATESH S/O LAKSHMINARASIMHAIAH AGED ABOUT 50 YEARS R/O SRI LAKSHMINARASIMHAIAH NILAYA, WARD NO.35 GADIKOPPA LAYOUT B H ROAD, SHIMOGA - 577201. …APPELLANT (BY SRI. RAJU BHAT, ADV.,) AND: 1. SPECIAL LAND ACQUISITION OFFICER UPPER THUNGA PROJECT SHIMOGA - 577201. 2. THE EXECUTIVE ENGINEER K.N.N.L. UPPER THUNGA PROJECT SHIMOGA - 577201. …RESPONDENTS (BY SRI. JAYALINGAYYA MUDENOORMATH, AGA FOR R1 SRI. PRASHANTH B.R. ADV., FOR R2) Digitally signed by ARSHIFA BAHAR KHANAM HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4487-DB M.F.A. No.8760/2015 THIS MFA IS FILED U/S.54(1) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 07.06.2010 PASSED BY THE COURT OF THE I ADDL. SENIOR CIVIL JUDGE & CJM AT SHIMOGA IN LAC NO.151/1999 BY AWARDING COMPENSATION AT THE RATE OF RS.50/- PER SQUARE FEET WITH ALL OTHER STATUTORY BENEFITS IN THE INTEREST OF JUSTICE AND EQUITY. 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the claimant under Section 54(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') challenging the judgment and award dated 07.06.2010 passed in LAC No.151/1999 by the Court of the I Additional Senior Civil Judge and CJM, Shivamogga (hereinafter referred to as 'the Reference Court') seeking for higher compensation. 2. Sri. Raju Bhat, learned counsel for the appellant submits that the Reference Court has committed a grave error in determining the market value of the land in - 3 - HC-KAR NC: 2026:KHC:4487-DB M.F.A. No.8760/2015 question at Rs.2,75,000/- per acre as the land in question is a non-agricultural land and is having potentiality of being used for residential and commercial purpose. It is submitted that the co-ordinate Bench of this Court in the case of A.SURESH v. THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER1 has enhanced the market value of the subject land in the said appeal at Rs.105/- per square feet. It is further submitted that in the said case, the acquisition of land was for the same purpose and of neighbouring village of same Taluk. Hence, the appellant in the instant case is also entitled to the similar benefit and seeks to allow the appeal. 3. Per contra, learned AGA for respondent No.1 and Sri.Prashanth B.R., learned counsel for respondent No.2 support the impugned judgment and award of the Reference Court and submit that the Reference Court has determined the market value based on the evidence available on record, which does not call for any 1 M.F.A. No.4641/2014 and connected matters dtd 25.02.2020 - 4 - HC-KAR NC: 2026:KHC:4487-DB M.F.A. No.8760/2015 interference. It is further submitted that the judgment of the co-ordinate Bench cannot be the sole basis to enhance the compensation. It is also submitted that the appellant is required to adduce evidence to prove the market value of the land in question. Hence, they seek to dismiss the appeal. 4. We have heard the arguments of the learned counsel appearing for the appellant, the learned AGA for respondent No.1, the learned counsel for respondent No.2 and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced. The point that arises for our consideration in this appeal is: "Whether the impugned judgment and award passed by the Reference Court calls for any interference?" 5. The pleadings and evidence on record indicate that the appellant's land measuring 1 acre 32 guntas in Sy.No.90, situated at Kalluru Village, Shivamogga Taluk - 5 - HC-KAR NC: 2026:KHC:4487-DB M.F.A. No.8760/2015 was acquired pursuant to a preliminary notification issued under Section 4(1) of the Act, dated 14.04.1996, for the purpose of the Upper Tunga Project. The Special Land Acquisition Officer (SLAO) passed an award determining the market value of the land at Rs.41,500/- per acre. Being aggrieved by the said award, the appellant sought a reference under Section 18(1) of the Act. Upon reference, the Reference Court re-determined the market value at Rs.2,75,000/- per acre. The learned counsel for the appellant, however, relied on the judgment of co-ordinate Bench of this Court in the case of A.SURESH referred supra wherein, the market value of the lands situated in the nearest locality i.e., Gopishettikoppa Village, Shivamogga Taluk, acquired for the same purpose under the similar notification was re-determined at Rs.105/- per square feet. 6. Having perused the said judgment, we find that the lands involved in the aforesaid judgment and the appellant's land in the present case are similar in nature, - 6 - HC-KAR NC: 2026:KHC:4487-DB M.F.A. No.8760/2015 location, and potentiality, and were acquired for the same purpose. The evidence on record viz., the village map, categorically establishes that the subject land is contiguous to Gopishettikoppa village and is situated in close proximity to Shivamogga municipal limits, sharing identical characteristics in terms of nature, location, and non-agricultural potentiality. Furthermore, the testimony of PW-1, asserting the land’s proximity to a developed industrial hub, remained unchallenged by the respondents in any manner. It is a settled principle of law that similarly situated landholders must be treated uniformly in the matters of compensation to prevent arbitrariness. Consequently, this Court is of the considered view that the appellant is entitled to parity in the matter of compensation. Accordingly, the market value of the land in question is hereby enhanced to Rs.105/- per square feet, consistent with the rate awarded in the aforementioned comparable case. - 7 - HC-KAR NC: 2026:KHC:4487-DB M.F.A. No.8760/2015 7. For the aforementioned reasons, the appeal is allowed in part with costs. 8. The market value of the land measuring 1 acre 32 guntas in Sy.No.90, situated at Kalluru Village, Shivamogga Taluk is re-determined at Rs.105/- per square feet with interest and statutory benefits as per law. 9. The impugned judgment and award in this appeal is modified to the aforesaid effect. 10. As per the order dated 01.02.2021, the appellant is not entitled to the interest for the delayed period of 1907 days in filing the appeal. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR/List No.: 1 Sl No.: 44