- 1 - HC-KAR NC: 2026:KHC:10502 MSA No. 61 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 61 OF 2025 (LA) BETWEEN: SRI M S CHANDRAPPA S/O SHANTHAMALLAPPA AGED ABOUT 49 YEARS R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK, HASSAN DIST - 562157. ... 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, HASSAN - 570020 Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10502 MSA No. 61 of 2025 3. DISTRICT COMMISSIONER HASSAN DISTRICT, HASSAN. ... RESPONDENTS (BY SMT.RANSA VASANTHI D.L., HCGP FOR R-1; SRI.PRASHANTH B.R., ADVOCATE FOR R-2) THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT DATED 01.10.2024 PASSED IN LAC (APPEAL) NO.225/2022 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE ORDER DATED 03.11.2017 PASSED IN LAC NO.37/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARAKALGUD, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2026:KHC:10502 MSA No. 61 of 2025 ORAL JUDGMENT The present appeal is filed challenging the judgment and award passed in Reference LAC.No.37/2017 on the file of the Senior Civil Judge, Arakalgud and also judgment and decree in LAC(APPL)/225/2022 on the file of the V Additional District and Sessions Judge, Hassan. 2. Learned counsel for the appellant and respondents are heard on merits. 3. Learned counsel for the appellant submits that the issue raised in the present appeal is covered by the judgment of this Court in MSA.No.25/2023 clubbed with MSA.No.24/2023. Learned counsels for the respondents would submit that the issue raised in the present appeal is not covered. 4. In terms of the award passed in Reference, the market value is enhanced to Rs.25,000/- per gunta and consequential benefits were awarded. Being unsatisfied with the award, the appellant has filed appeal before the learned District Judge. The District Court has allowed the appeal in part and re-determined the market value at Rs.35,000/- per gunta. - 4 - HC-KAR NC: 2026:KHC:10502 MSA No. 61 of 2025 Being aggrieved by the same, the land looser is in second appeal before this Court. 5. Learned counsel for the appellant would submit that land in question was notified in terms of Section 4(1) of the Land Acquisition Act, 1984, on 03.09.2009. The land in question i.e., Sy.No.37/3 is located in Mundagodu Village, Kasaba Hobli, Arkalgud Taluk. It is claimed that the land is an agricultural land where the appellant used to grow Ragi, Avare, Horsegram, Thoor, Alasande, Beans, Sesame, groundnut, Jowar, Potato, tobacco etc. 6. It is further submitted that the Co-ordinate Bench of this Court in MSA.Nos.25/2023 and 24/2023 while deciding the market value of the property located in the same village, under the same Notification dated 03.09.2009 has determined the market value at Rs.45,000/- per gunta. It is urged that the lands involved in the aforementioned two cases are of similar nature and both the lands are at a distance of about 2 to 3 kilometres away from Arakalagudu town and is abutting to Arkalagudu - Konanoor Main Road. Thus, urged that the market - 5 - HC-KAR NC: 2026:KHC:10502 MSA No. 61 of 2025 value be re-determined and market value be fixed at Rs.45,000/- per gunta. 7. Learned counsel for respondent No.2 would urge that respondent No.2 was not made a party before the Reference Court, it was made a party before the First Appellate Court and the appellant has to substantiate the claim based on the independent evidence. The appellant cannot rely upon the judgment in MSA.Nos.25/2023 and 24/2023, is the counter submission. 8. Following question arise for consideration: "Whether the appellant has made out a case to award Rs.45,000/- per gunta as market value?" 9. It is noticed that though respondent No.2 was not made a party before the Reference Court and was made a party before the First Appellate Court for the first time, the decree passed by the First Appellate Court is not questioned by respondent No.2 and respondent No.2 has accepted the decree passed by the First Appellate Court. - 6 - HC-KAR NC: 2026:KHC:10502 MSA No. 61 of 2025 10. Thus, the only question is whether market value is to be determined with reference to the judgment in MSA.Nos.25/2023 and 24/2023. It is noticed that the lands are acquired under the same Notification in both the cases and in addition, lands are also from same village and are agricultural lands. 11. From evidence on record, it appears that both lands are similar. That being the position, this Court is of the view that there is no difficulty in accepting the appellant’s contention that market value has to be determined at Rs.45,000/- per gunta. Hence, the following: ORDER (i) Appeal is allowed in part; (ii) The market value of the land acquired is determined at Rs.45,000/- per gunta. (iii) Appellant is entitled to all the consequential benefits and appellant is also entitled to the cost of the appeal. Sd/- (ANANT RAMANATH HEGDE) JUDGE SMJ List No.: 1 Sl No.: 3