Karnataka High Court
A.G.Eshwarappa vs The Special Land Acquisition Officer on 2 June, 2025
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MFA No. 1219 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2025
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO.1219 OF 2016 (LAC)
BETWEEN:
A.G.ESHWARAPPA
DEAD BY HIS LEGAL HEIRS
REKHA D/O A G ESHWARAPPA
W/O SOMASHEKARAPPA
DEAD BY HER LRS
1. SOMASHEKARAPPA
S/O LATE THIRTHAPPA
Digitally signed AGED ABOUT 57 YEARS
by
VIJAYALAKSHMI ENGINEER IN KEB(MESCOM)
BN R/O H.NO.38/1, 3RD CROSS
Location: HIGH
COURT OF JAYANAGAR
KARNATAKA
SHIVAMOGGA CITY-577201.
2. T S MANOJ
S/O SOMASHEKARAPPA
AGED ABOUT 26 YEARS
R/O H.NO.38/1, 3RD CROSS
JAYANAGAR
SHIVAMOGGA CITY-577201.
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MFA No. 1219 of 2016
HC-KAR
PRASANNA S/O LATE ESHWARAPPA
DEAD BY HIS LEGAL HERIS
3. SUMA
W/O LATE PRASANNA
AGED ABOUT 47 YEARS
OCC:HOME MAKER
R/O AREBILACHI VILLAGE
BHADRAVATHI TALUK-577 301.
SHIVAMOGGA DISTRICT.
4. KUM HARSHITHA
D/O LATE PRASANNA
AGED ABOUT 22 YEARS
R/O H.NO.38/1, 3RD CROSS
JAYANAGAR
SHIVAMOGGA CITY-577201.
5. AMITH
S/O LATE PRASANNA
AGED ABOUT 19 YEARS
STUDENT
R/O H.NO.38/1, 3RD CROSS
JAYANAGAR
SHIVAMOGGA CITY-577201.
...APPELLANTS
(BY SRI. S.V. PRAKASH, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT
SHIVAMOGGA DISTRICT
SHIVAMOGGA-577 201.
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MFA No. 1219 of 2016
HC-KAR
2. THE EXECUTIVE ENGINEER
KARNATAKA NEERAVARI NIGAMA LIMITED,
UPPER TUNGA PROJECT
SHIVAMOGGA DISTRICT
SHIVAMOGGA-577201
...RESPONDENTS
(BY SRI. B.R.PRASHANTH, ADVOCATE)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT PRAYING TO A)CALL FOR ENTIRE RECORDS IN
L.A.C.NO.128/2004 ON THE FILE OF THE LEARNED PRINCIPAL
SENIOR CIVIL JUDGE, SHIVAMOGGA; B) FIX THE MARKET
VALUE OF THE ACQUIRED LAND OF THE APPELLANTS AT
RS.150/- PER SQUARE FEET ALONG WITH OTHER BENEFITS AS
ALLOWED UNDER SECTION 23 OF THE ACT BY MODIFYING THE
JUDGMENT AND AWARD DATED 22.04.2013 IN
L.A.C.NO.128/2004 ON THE FILE OF THE LEARNED PRINCIPAL
SENIOR CIVIL JUDGE, SHIVAMOGGA; C) PASS SUCH OTHER
SUITABLEL JUDGMENT AND AWARD AS THIS HON'BLE COURT
DEEMS IT APPROPRIATE IN THE ADMITTED FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE;
D)AWARD THE COST OF THIS PROCEEDING.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE DR. JUSTICE K.MANMADHA RAO
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MFA No. 1219 of 2016
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
1. This appeal is preferred by the appellants challenging
the award of compensation granted at the rate of Rs.105/-
per sq.ft. in respect of the lands acquired for
implementation of the Upper Thunga Project. The order
dated 22.04.2013 of the Principal Senior Civil Judge,
Shivamogga passed in LAC No.128/2004 is under
challenge.
2. It is submitted that the property in question in this
appeal is 29 guntas of land in Sy.No.111/1 of
Sominakoppa Village, Kasaba Hobli, Shivamogga Taluk
and District. It is submitted by the learned counsel for the
appellants that the compensation has been granted at the
rate of Rs.105/- per sq.ft by the Reference Court.
3. However, it is submitted that the compensation in
respect of property acquired under the same notification
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from the very same survey number in the same village
had been enhanced to Rs.150/- per sq.ft in MFA
No.3364/2012 and connected cases. It is submitted that
in respect of the identical matters from the same village,
which had been taken up to the Hon'ble Apex Court by the
respondents, by its order dated 25.04.2024, the grant of
Rs.150/- per sq.ft in respect of the acquired lands from
the very same village stands confirmed. The copies of the
orders of the Hon'ble Apex Court in C.A.No.5338/2024 in
S.L.P.No.2479/2022 have been produced by the
appellants.
4. Having considered the contentions, we notice that
this Court in MFA No.3364/2012 and connected cases has
granted enhanced compensation at the rate of Rs.150/-
per sq.ft in respect of the properties acquired under the
very same notification from the very same village ie.,
Sominakoppa village of Shivamogga Taluk and District. We
also notice that the said grant of compensation at the rate
of Rs.150/- per sq.ft has been affirmed by the Hon'ble
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Apex Court as contended by the learned counsel appearing
for the appellant.
5. In the above view of the matter, we are of the
opinion that in view of the fact that the acquisition is
under the same notification and the land covered in this
appeal is in Sy.No.111/1 of Sominakoppa village of Kasaba
Hobli, Shivamogga Taluk and District and since the
matters are identical, the appellants herein are also
entitled to compensation at the same rate.
6. For the abovementioned reasons, we proceed to pass
the following;
(i) The appeal is allowed.
(ii) It is ordered that the compensation to be granted
for the acquired land of 29 guntas in Sy.No.111/1 of
Sominakoppa Village, Kasaba Hobli, Shivamogga Taluk
and District shall be fixed at Rs.150/- per sq.ft with all
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statutory benefits. The enhanced amount shall also carry
statutory interest.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(Dr.K.MANMADHA RAO)
JUDGE
GH
