Karnataka High Court
Sri N S Shankar Rao vs The Assistant Commissioner And Special ... on 18 July, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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MSA No. 49 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
MISCELLANEOUS SECOND APPEAL NO. 49 OF 2023 (LA)
BETWEEN:
1. SRI. N.S. SHANKAR RAO
S/O LATE N. SUBBA RAO
AGED ABOUT 74 YEARS
AT-GAYATHRI SILK HOUSE
B.M.ROAD, HASSAN.
...APPELLANT
(BY SRI. A. MADHUSUDHANA RAO, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER AND
SPECIAL LAND ACQUISITION OFFICER
HASSAN SUB-DIVISION
AT-2432, OPPOSITE HASSAN
Digitally signed INSTITUTE OF MEDICAL CIENCES
by DEVIKA M RANGOLI HALLA
Location: HIGH HASSAN-573201.
COURT OF ...RESPONDENT
KARNATAKA
(BY SMT. RADHA RAMASWAMY, AGA)
THIS MSA IS FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE
DATED 09.07.2019 PASSED IN LAC(APPEAL) NO.261/2016 ON
THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN,
ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND
DECREE DATED 16.08.2013 PASSED IN LAC NO.50/2010 ON
THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN
ALLOWING THE CLAIM PETITION FILED BY THE CLAIMANT
U/S.18(1) OF THE LAND ACQUSISION ACT.
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THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
Heard appellant counsel for the appellant and the learned
Additional Government Advocate learned counsel for the
respondent.
2. Learned counsel appearing for the appellant in his
argument would vehemently contend that 4(1) notification in
respect of this appeal was issued on 18.11.2005 and 6(1) final
notification was passed on 06.07.2006. The counsel also would
submit the respondent herein passed impugned award
awarding total compensation of Rs.6,51,605/- in respect of the
property of the claimant herein consisting of commercial
building acquired to the extent of 252 square feet out of total
extent of 777 square feet. The counsel would submit that notice
of award was served upon the appellant on 30.06.2008 as
contemplated under Section 12(2) of the Land Acquisition Act,
1984. The payment of award was also made on 28.08.2008 and
application was also filed for enhancement under Section 18(1)
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on 22.09.2008 which is numbered as LAC No.50/2000 and
impugned judgment in LAC No.50/2000 was passed by the
Reference Court on 16.08.2013 fixing the amount of Rs.2,500/-
per square and the same was challenged in LAC (Appeal)
No.261/2016 and the same was partly allowed vide order dated
09.07.2019 enhancing the compensation to Rs.3,000/- per
square feet. Being aggrieved by the said judgments, the
present miscellaneous first appeal is filed before this Court
3. Learned counsel for the appellant would contend
that the award amount passed by the authority is meager and
contend that award passed in LAC as well as LAC (appeal) are
very meager. The counsel would further contend that in respect
of the very same notification, when an amount of Rs.7,000/-
has been passed as award in LAC No.28/2010 disposed of on
07.10.2014 in respect of the similar property which is situated
at B.M. Road, Bangalore-Mangalore Road at Hassan which was
also acquired under the same notification, this Court directed
learned Additional Government Advocate to verify whether such
award was passed in LAC No.28/2010.
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4. Now, the learned Additional Government Advocate
for the respondent would submit that payment is made at the
rate of Rs.7,000/- per square feet in respect of the very same
notification.
5. Having considered the grounds urged in the appeal
as well as submission of learned Additional Government
Advocate appearing for the respondent, when the property
acquired is similar in nature as that of property acquired in LAC
No.28/2010 which is situated at B.M. Road, Bangalore-
Mangalore Road, Hassan and the same is acquired for the very
same purpose under the same notification, there cannot be two
yardstick for awarding compensation and when the respondent
has already complied with the order passed in LAC No.28/2010
which was disposed of on 07.10.2014 and has also made
payment, the appellant is also entitled for compensation as
awarded in terms of LAC No.28/2010 in respect of this property
also and this property is also a commercial building comprising
of cellar and ground floor situated at B.M. Road, Hassan City
and the area of land acquired is 252 square feet. When such
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being the material on record, the appellant is also entitled for
compensation at the rate of Rs.7,000/- per square feet.
6. In view of the discussion made above, I pass the
following:
ORDER
(i) The miscellaneous second appeal is allowed.
(ii) The appellant is entitled for compensation of
Rs.7,000/- per square feet in respect of the
area of land acquired i.e., 252 square feet
belonging to the petitioner along with all
other statutory benefits, excluding the
interest for the period of 575 days.
Sd/-
(H.P.SANDESH)
JUDGE
ST
