Karnataka High Court
Sri. S.V. Thimmaiah vs The Special Land Acquisition Officer on 14 November, 2025
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M.F.A. No.8532/2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.8532/2016 (LAC)
BETWEEN:
SRI. S.V. THIMMAIAH
SINCE DEAD BY LR'S.
1. ARVIND S.T.
S/O LATE THIMMAIAH
AGED ABOUT 39 YEARS.
Digitally signed 2. KRISHNA S.V.
by RUPA V S/O LATE VENKATAPPA
Location: High AGED ABOUT 62 YEARS.
Court Of
Karnataka 3. SATHYADEV
S/O LATE VENKATAPPA
AGED ABOUT 59 YEARS.
ALL ARE R/AT KALLAPPANAKERI
SEEGEHATTI, SHIVAMOGGA-577201
...APPELLANTS
(BY SRI. K.B. LOKANATH, ADV.,)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER THUNGA PROJECT
SHIVAMOGGA-577201.
2. THE EXECUTIVE ENGINEER
UPPER THUNGA PROJECT
SHIVAMOGGA-577201.
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M.F.A. No.8532/2016
HC-KAR
3. ASHWINI S.T.
D/O LATE THIMMAIAH
AGED ABOUT 37 YEARS
R/AT. KALLAPPANAKERI
SEEGEHATTI
SHIVAMOGGA-577201.
...RESPONDENTS
(BY SMT. PRATHIBHA R.K. AGA FOR R1
SRI. PRASHANTH B.R. ADV., FOR R2)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT,
PRAYING TO CALL FOR RECORDS AND SET ASIDE/MODIFY THE
JUDGMENT AND AWARD DATED 21.04.2010 IN LAC NO.85/2003
PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND CJM AT
SHIVAMOGGA. TO DETERMINE THE MARKET VALUE OF THE
APPELLANTS IN LAND BEARING SY.NO.21, MEASURING 02 ACRES 11
GUNTAS SITUATED AT GOPISHETTYKOPPA VILLAGE, SHIVAMOGGA
TALUK AT Rs.105/- PER SQ.FT. AND AWARD ALL STATUTORY
BENEFITS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
This appeal is filed by the claimants under Section
54(1) of the Land Acquisition Act, 1894 (hereinafter
referred to as 'the Act') challenging the judgment and
award dated 21.04.2010 passed in LAC No.85/2003 by the
Court of the I Additional Senior Civil Judge and CJM at
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Shimoga (hereinafter referred to as 'the Reference
Court') seeking for higher compensation.
2. Sri.B.Lokanath, learned counsel for the
appellants submits that the Reference Court has
committed a grave error in determining the market value
of the land in question at Rs.2,50,000/- per acre. It is
submitted that the co-ordinate Bench of this Court in the
case of A.Suresh v The Special Land Acquisition
Officer, Shimoga and Another1 has enhanced the
market value at Rs.105/- per square feet. It is further
submitted that in the said case, the acquisition was for the
same purpose and of the same village. Hence, the
appellant in the instant case is also entitled to the similar
benefit and seeks to allow the appeal.
3. Per contra, Smt. Prathibha R.K., Additional
Government Advocate for respondent No.1 and
Sri.Prashanth B.R., learned counsel for respondent No.2
M.F.A. No.4641/2014 and connected matter dated 25.02.2020
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support the impugned judgment and award of the
Reference Court and submit that the Reference Court has
determined the market value based on the evidence
available on record, which does not call for any
interference. It is further submitted that the judgment of
the co-ordinate Bench cannot be the sole basis to enhance
the compensation. It is also submitted that the appellant is
required to adduce evidence to prove the market value of
the lands in question. Hence, they seek to dismiss the
appeal.
4. We have heard the arguments of the learned
counsel appearing for the appellants, the learned AGA for
respondent No.1, the learned counsel for respondent No.2
and meticulously perused the material available on record.
We have given our anxious consideration to the
submissions advanced. The point that arises for our
consideration in this appeal is:
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"Whether the impugned judgment and
award passed by the Reference Court calls
for any interference?"
5. The pleadings and evidence on record indicate
that the appellants' land measuring 2 acres 11 guntas
bearing Sy No.21 at Gopishettykoppa Village, Kasaba
Hobli, Shimoga Taluk, was acquired pursuant to a
preliminary notification dated 30.03.1996 issued under
Section 4(1) of the Act for the purpose of the Upper Tunga
Project. The Special Land Acquisition Officer (SLAO)
passed an award determining the market value of the land
at Rs.66,000/- per acre. Being aggrieved by the said
award, the appellants sought a reference under Section
18(1) of the Act. Upon reference, the Reference Court
re-determined the market value at Rs.2,50,000/- per acre.
The learned counsel for the appellants, however, relied on
the judgment of co-ordinate Bench of this Court in the
case of A. Suresh referred supra wherein, the market
value of the lands situated in the very same locality i.e.,
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Gopishettykoppa Village, Shimoga Taluk, acquired for the
same purpose was re-determined at Rs.105/- per square
feet.
6. Having perused the judgment in the case of A.
Suresh referred supra, we find that the lands involved
therein and the appellants' land in the present case are
similar in nature, location, and potentiality, and were
acquired for the same purpose. It would therefore be
unjust and inequitable to treat the appellants dissimilarly
in the matter of compensation. Accordingly, we are of the
considered view that the appellants are entitled to the
same rate of compensation as awarded in the aforesaid
case, i.e., at Rs.105/- per square feet.
7. For the aforementioned reasons, the appeal is
allowed in part with costs.
The market value of the land measuring 2 acres 11
guntas bearing Sy.No. 21 situated at Gopishettykoppa
Village, Kasaba Hobli, Shimoga Taluk is re-determined at
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Rs.105/- per square feet with interest and statutory
benefits as per law.
The impugned judgment and award in this appeal is
modified to the aforesaid effect.
The appellants are not entitled to the interest for the
delayed period of 2340 days.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
BSR
