Dyavanagouda S/O Krishnagouda Patil vs The Special Land Acquisition Officer
2023 Latest Caselaw 11427 Kant

Karnataka High Court

Dyavanagouda S/O Krishnagouda Patil vs The Special Land Acquisition Officer on 21 December, 2023

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                         -1-
                                                NC: 2023:KHC-D:14981
                                                  MFA No. 101157 of 2023




                          IN THE HIGH COURT OF KARNATAKA
                                  DHARWAD BENCH


                     DATED THIS THE 21ST DAY OF DECEMBER, 2023


                                       BEFORE

                 THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR


                 MISCELLANEOUS FIRST APPEAL NO.101157/2023 (LAC)


            BETWEEN:

            SRI DYAVANAGOUDA S/O. KRISHNAGOUDA PATIL,
            AGE: 78 YEARS, OCC: AGRICULTURE,
            R/O: CHITRABANKOTE, TQ: MUDHOL,
            DIST: BAGALKOTE.
                                                              ...APPELLANT
            (BY SRI BASAVARAJ S. BYAKOD, ADVOCATE.)

            AND:

            1.    THE SPECIAL LAND ACQUISITION OFFICER,
                  UPPER KRISHNA PROJECT, JAMAKHANDI,
                  DIST: BAGALKOTE-587 101.
Digitally
signed by
BHARATHI    2.    THE STATE OF KARNATAKA,
HM                R/P BY DEPUTY COMMISSIONER,
                  BAGALKOTE.
                                                          ...RESPONDENTS
            (BY SRI V.S.KALSURMATH, HCGP)


                 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
            SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO MODIFY
            THE JUDGMENT AND AWARD DATED 2ND AUGUST 2017, PASSED BY
            THE SENIOR CIVIL JUDGE AND JMFC, MUDHOL, IN LAC NO.134/2011
            AND ETC.,

                 THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY,
            THE COURT DELIVERED THE FOLLOWING:
                               -2-
                                    NC: 2023:KHC-D:14981
                                      MFA No. 101157 of 2023




                        JUDGMENT

This appeal is filed by the land losers challenging the

judgment and award dated 02.08.2017, passed by the

Senior Civil Judge and JMFC, Mudhol, in LAC No.134/2011,

for seeking enhancement of compensation in respect of

the lands acquired for the purpose of submergence of

Krishna Back Water under Upper Krishna Project by way of

preliminary notification dated 19.11.2007.

2. Heard the arguments.

3. This Court in MFA No.100945/2014 (LAC), by

judgment dated 07.12.2022 has enhanced the market

value at Rs.5,00,000/- per acre in respect of land losers

who are similarly placed as that of the appellant herein for

the same project. Accordingly the appellant is entitled for

the market value of the acquired land for a sum of

Rs.5,00,000/- per acre, by following the judgment

rendered in MFA No.100945/2014 (LAC). Accordingly the

appeal is allowed.

NC: 2023:KHC-D:14981

4. The claimant is not entitled for interest for the

delayed period of 1156 days n filing the appeal.

SD/-

JUDGE

MRK

CT-ASC