[Cites 4, Cited by 0]
Karnataka High Court
The Chief Engineer And Anr vs The Special Land Acquisition Officer on 18 December, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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MSA No. 200213 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL SECOND APPEAL NO. 200213 OF 2021 (LA)
BETWEEN:
1. THE CHIEF ENGINEER,
KNNL I.P.C ZONE, KALABURGI.
2. THE EXECUTIVE ENGINEER,
KNNL DIVISION NO.1,
KALABURGI-585102.
...APPELLANTS
(BY SRI. SHARANABASAVA C. PASTAPUR, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
Digitally signed by M AND MIP, KALABURAGI-585102.
RAMESH
MATHAPATI
Location: HIGH 2. THE DEPUTY COMMISSIONER,
COURT OF KALABURGI-585102.
KARNATAKA
3. SHIVANAND S/O PRABHANA,
AGE: 42 YEARS, OCC: AGRICULTURE,
4. DAYANAND S/O PARABHANNA,
AGE:. 39 YEARS, OCC: AGRICULTURE,
5. ANAND S/O PRABHANNA
AGE: 33 YEARS, OCC: AGRICULTURE,
6. PRABHANNA S/O MALLAPPA,
AGE: 39 YEARS OCC: AGRICULTURE,
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MSA No. 200213 of 2021
HC-KAR
7. NEELAMMA W/O PARBHANNA
AGE: 39 YEARS OCC: AGRICULTURE
R/O. JAWALI (D) VILLAGE
TQ. ALAND,
KALABURGI-585310.
...RESPONDENTS
(BY SRI SHESHADRI JAISHANKAR M., AGA FOR R1;
SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R3 TO R7)
THIS MSA IS FILED UNDER SECTION54(2) OF LAND
ACQUISITION ACT PRAYING TO ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE LEARNED
III ADDL. DISTRICT JUDGE KALABURAGI IN LACA NO.87/2018
DATED: 5/7/2018. GRANT SUCH OTHER RELIEF'S THAT THIS
HON'BLE COURT MAY DEEM FIT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL JUDGMENT
This appeal is by the beneficiaries being aggrieved by
the judgment and order dated 05.07.2018 passed in LACA
No.87/2018 on the file of the III Additional District
Kalaburagi [hereinafter referred to as the 'Appellate Court'
for brevity], by which the Appellate Court, while partly
allowing the appeal, has modified the judgment and award
dated 10.06.2015 passed in LAC No.174/2013 on the file
of Senior Civil Judge, Aland [hereinafter referred to as the
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'Reference Court' for brevity] enhancing the compensation
amount in respect of the acquired wet land from
Rs.2,62,500/- per acre to Rs.6,57,054/- per acre.
2. Subject matter of the acquisition is the land in
Sy.No.40/3 measuring 01 acre 33 guntas situated at
Jawali-D village of Aland taluk, Kalaburagi district which
was acquired for the purpose of Amarja Project in terms of
notification dated 05.02.2009 issued under Section 4(1) of
the Land Acquisition Act, 1894 [hereinafter referred to as
the 'Act, 1894' for brevity]. The Special Land Acquisition
Officer had passed the award dated 15.02.2011 fixing the
market value of the property at Rs.50,000/- per acre and
on reference under Section 18 of the Act, 1894, the
Reference Court enhanced the market value of the land to
Rs.2,62,500/- per acre vide order dated 10.06.2015 in
LAC No.174/2013. On further appeal, the Appellate Court,
relying upon the judgment and award passed in LACA
No.87/2016 enhanced the market value of the land to
Rs.6,57,054/- per acre.
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HC-KAR
3. The learned counsel for the appellants submits
that the award that was passed in LACA No.87/2016 by
fixing the compensation `6,57,054/- per acre of wet land
has been paid and satisfied by the respondents/claimants
and there has been no challenge to the same. Learned
counsel however submits that the LACA Court while
enhancing the compensation has taken the rate of de-
escalation at 3% per annum which has to be 5%.
Calculated as such, the compensation payable would be
`6,57,054/- instead of `6,43,507.5.
4. Learned counsel for the appellants relying upon
the judgment dated 18.07.2024 passed in MSA
NO.200103/2024 in the case of Executive Engineer And
Another vs. Laxman and Others submits that the present
case is covered by the said order, in which this Court has
reduced the rate of compensation from `6,57,054/- to
`6,43,507.5/- in view of the judgment passed in the case
of Digamber S/O Ramrao Kulkarni and Others vs. The
Deputy Commissioner, Kalaburagi And Others (in LACA
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HC-KAR
Nos.347/2016 AND 348/2016) wherein the acquisition
was under the Notification dated 01.04.2010 for the
similar purposes situated in the similar village. He submits
that since there was difference of one year between the
Notification subject matter of Digamber's case (supra)
and Notification subject matter of said appeal, 5% de-
escalation was granted thereby reducing the compensation
paid as above.
5. He submits Appellate Court instead of taking
5% de-escalation had taken only 3% de-escalation and
that if compensation awarded by the Appellate Court is
reduced by taking 5% de-escalation purpose of filing of
the appeal would be served. He further submits that the
compensation awarded in MSA No.200103/2024 has
already been paid and satisfied and same has attained
finality.
6. Learned counsel for the respondent/claimant
does not dispute the aforesaid factual aspect of the
matter. Since the order in MSA No.200103/2024 is passed
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HC-KAR
in respect of the very same Notification dated 05.02.2009
in respect of the land which is situated in Jawali-D village,
Aland Taluk, Kalaburagi District, this Court do not see any
reason to differ from the rate of compensation awarded in
MSA No.200103/2024.
7. In that view of the matter, the following:
ORDER
i) The appeal is disposed of.
ii) The rate of compensation is modified and
reduced from `6,57,054/- to `6,43,507.5
payable with all statutory benefits.
It is made clear that if there be any delay by
respondent/claimant in preferring the appeal before the
Appellate Court the same should be excluded for
calculation of interest on the compensation.
Sd/-
(M.G.S.KAMAL)
JUDGE
MSR
List No.: 1 Sl No.: 8
Ct:pk
