Karnataka High Court
Shankreppa S/O Late Siddalingappa vs The Spl. Land Acquisition Officer And ... on 30 June, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2025:KHC-K:3501
MSA No. 200034 of 2021
C/W MSA No. 200088 of 2021
MSA No. 200089 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL SECOND APPEAL NO. 200034 OF 2021 (LA)
C/W
MISCL SECOND APPEAL NO. 200088 OF 2021(LA)
MISCL SECOND APPEAL NO. 200089 OF 2021(LA)
IN M.S.A.NO.200034/2021
BETWEEN:
SIDDAPPA
S/O BASAPPA BY LRS
BASAWARAJ
S/O SIDDAPPA BY LRS.
1. IRANNA
S/O LATE BASAWARAJ,
AGE: 46 YEARS,
OCC: AGRICULTURE,
Digitally signed
by NIJAMUDDIN
JAMKHANDI 2. ISHWARAPPA
Location: HIGH S/O LATE BASAWARAJ,
COURT OF AGE: 41 YEARS,
KARNATAKA OCC. AGRICULTURE,
3. KUPENDRA
S/O LATE BASAWARAJ,
AGE: 38 YEARS,
OCC: AGRICULTURE,
4. AYYANNA
S/O LATE SIDDAPPA,
AGE: 66 YEARS,
OCC: AGRICULTURE,
ALL R/O: ALLOLLI VILLAGE,
-2-
NC: 2025:KHC-K:3501
MSA No. 200034 of 2021
C/W MSA No. 200088 of 2021
MSA No. 200089 of 2021
HC-KAR
TQ: CHITTAPUR,
DIST: KALABURAGI - 585 101.
...APPELLANTS
(BY SRI S.S. SAJJANSHETTY, ADVOCATE)
AND:
1. THE SPL. LAND ACQUISITION OFFICER,
M AND MIP,
MINI VIDHAN SOUDHA,
KALABURAGI - 585 102.
2. THE CHIEF ENGINEER,
MI NORTH ZONE,
BIJAPUR - 586 101.
3. THE EXECUTIVE ENGINEER,
MI DIVN, GULBARGA,
TQ. DIST: KALABURAGI - 585 102.
4. THE DEPUTY COMMISSIONER,
MINI VIDHAN SOUDHA,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA. AND
SRI MAQBOOL AHMED, AGA)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 09.11.2015 PASSED BY THE I ADDITIONAL DISTRICT
JUDGE AT KALABURAGI IN LAC APPEAL NO.153/2014 VIDE
ANNEXURE-I, AND PLEASED TO MODIFY BY ALLOWING THE APPEAL
BY ENHANCING THE COMPENSATION AT RS.2,40,586/- PER ACRE
DRY LAND FROM RS.91,400/- PER ACRE AS AWARDED BY THE 1ST
APPELLATE COURT, AND ANY OTHER SUITABLE ORDERS DEEMED FIT
AND FOUND ENTITLED MAY ALSO BE PASSED AND WITH ALL
STATUTORY BENEFITS, INTEREST AND WITH COST, TO MEET THE
REAL ENDS OF JUSTICE AND EQUITY.
-3-
NC: 2025:KHC-K:3501
MSA No. 200034 of 2021
C/W MSA No. 200088 of 2021
MSA No. 200089 of 2021
HC-KAR
IN M.S.A.NO.200088/2021
BETWEEN:
SHANKREPPA
S/O LATE SIDDALINGAPPA
AGED ABOUT 86 YEARS,
OCC: AGRICULTURE, NOW NIL,
R/O: ALLOLI VILLAGE,
TQ: CHITTAPUR,
DIST: KALABURAGI - 585 101.
...APPELLANT
(BY SRI S.S. SAJJANSHETTY, ADVOCATE)
AND:
1. THE SPL. LAND ACQUISITION OFFICER,
M AND MIP,
MINI VIDHAN SOUDHA, KALABURAGI - 585 102.
2. THE CHIEF ENGINEER,
MI NORTH ZONE,
BIJAPUR - 586 101.
3. THE EXECUTIVE ENGINEER,
MI DIVN, GULBARGA,
TQ. DIST: KALABURAGI - 585 102.
4. THE DEPUTY COMMISSIONER,
MINI VIDHAN SOUDHA,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA. AND
SRI MAQBOOL AHMED, AGA)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 09.11.2015 PASSED BY THE I ADDITIONAL DISTRICT
JUDGE AT KALABURAGI IN LAC APPEAL NO.151/2014 VIDE
ANNEXURE-I, AND PLEASED TO MODIFY BY ALLOWING THE APPEAL
BY ENHANCING THE COMPENSATION AT RS.2,40,586/- PER ACRE
DRY LAND FROM RS.91,400/- PER ACRE AS AWARDED BY THE 1ST
-4-
NC: 2025:KHC-K:3501
MSA No. 200034 of 2021
C/W MSA No. 200088 of 2021
MSA No. 200089 of 2021
HC-KAR
APPELLATE COURT, AND ANY OTHER SUITABLE ORDERS DEEMED FIT
AND FOUND ENTITLED MAY ALSO BE PASSED AND WITH ALL
STATUTORY BENEFITS, INTEREST AND WITH COST, TO MEET THE
REAL ENDS OF JUSTICE AND EQUITY.
IN M.S.A.NO.200089/2021
BETWEEN:
SMT. DURGAMMA
W/O HAMPANNA @ AMPANNA
AGED ABOUT 76 YEARS,
OCC: AGRICULTURE, NOW NIL,
R/O: ALLOLI VILLAGE,
TQ: CHITTAPUR,
DIST: KALABURAGI - 585 101.
...APPELLANT
(BY SRI S.S. SAJJANSHETTY, ADVOCATE)
AND:
1. THE SPL. LAND ACQUISITION OFFICER,
M AND MIP,
MINI VIDHAN SOUDHA, KALABURAGI - 585 102.
2. THE CHIEF ENGINEER,
MI NORTH ZONE,
BIJAPUR - 586 101.
3. THE EXECUTIVE ENGINEER,
MI DIVN, GULBARGA,
TQ. DIST: KALABURAGI - 585 102.
4. THE DEPUTY COMMISSIONER,
MINI VIDHAN SOUDHA,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA, AND
SRI MAQBOOL AHMED, AGA)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 09.11.2015 PASSED BY THE I ADDITIONAL DISTRICT
-5-
NC: 2025:KHC-K:3501
MSA No. 200034 of 2021
C/W MSA No. 200088 of 2021
MSA No. 200089 of 2021
HC-KAR
JUDGE AT KALABURAGI IN LAC APPEAL NO.217/2014 VIDE
ANNEXURE-I, AND PLEASED TO MODIFY BY ALLOWING THE APPEAL
BY ENHANCING THE COMPENSATION AT RS.2,40,586/- PER ACRE
DRY LAND FROM RS.91,400/- PER ACRE AS AWARDED BY THE 1ST
APPELLATE COURT, AND ANY OTHER SUITABLE ORDERS DEEMED FIT
AND FOUND ENTITLED MAY ALSO BE PASSED AND WITH ALL
STATUTORY BENEFITS, INTEREST AND WITH COST, TO MEET THE
REAL ENDS OF JUSTICE AND EQUITY.
THESE MSA'S, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
With consent of learned counsel for both parties, appeals
are taken for final disposal.
2. Sri SS Sajjanshetty, learned counsel for appellants
submits that this Court in MSA no.200087/2021 had allowed
claimants appeal for enhancement with costs and re-
determined market value in LACA no.152/2014 on file of I Addl.
District Judge, Kalaburagi to Rs.2,40,586/- per acre dry land. It
was submitted, while passing said order, this Court had denied
interest for period of delay. He submits that present appeals
are filed challenging awards in LACA nos.151/2014, 153/2014
and 217/2014, which were disposed of by common judgment
and award along with LACA no.152/2014 and therefore,
NC: 2025:KHC-K:3501
HC-KAR
appeals are squarely covered by decision in MFA
no.200087/2021.
3. Smt.Archana P Tiwari, learned Additional Advocate
General appearing for Sri Maqbool Ahmed, learned Additional
Government Advocate for respondents would fairly admit legal
position.
4. Heard counsel and perused impugned judgment and
award.
5. On perusal of impugned judgment and award,
herein it is seen that appellate Court disposed off LACA
nos.151/2014, 152/2014, 153/2014 and 217/2014 by common
judgment dated 09.11.2015. MSA no.200087/2021 was against
judgment and award in LACA no.152/2014. It is also seen while
allowing appeal, this Court had condoned delay in filing appeal
by denying interest for period of delay. Since, present appeals
arise out of very same common judgment, re-determination of
market value in MSA no.200087/2021 would squarely apply for
present appeals.
6. Consequently, following:
NC: 2025:KHC-K:3501
HC-KAR
ORDER
i. MSA nos.200034/2021, 200088/2021 and
200089/2021 are allowed in part with costs.
ii. Judgment and award dated 09.11.2015 passed
by I Addl. District Judge, Kalaburagi in LACA
nos.151/2014, 153/2014 and 217/2014 are
modified awarding compensation of
Rs.2,40,586/- per acre of dry land with all
statutory benefits.
Sd/-
(RAVI V HOSMANI)
JUDGE
NJ
