[Cites 3, Cited by 0]
Karnataka High Court
Shri. Mallappa S/O. Bhavakanna Alias ... vs Special Land Acquisition Officer on 28 November, 2025
Author: S G Pandit
Bench: S G Pandit
-1-
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 28TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO.100861 OF 2019
C/W.
MISCELLANEOUS FIRST APPEAL NO.100858 OF 2019,
MISCELLANEOUS FIRST APPEAL NO.100859 OF 2019,
MISCELLANEOUS FIRST APPEAL NO.100860 OF 2019,
MISCELLANEOUS FIRST APPEAL NO.100862 OF 2019,
MISCELLANEOUS FIRST APPEAL NO.100863 OF 2019,
MISCELLANEOUS FIRST APPEAL NO.100864 OF 2019,
MISCELLANEOUS FIRST APPEAL NO.101658 OF 2021,
MISCELLANEOUS FIRST APPEAL NO.101659 OF 2021,
MISCELLANEOUS FIRST APPEAL NO.101660 OF 2021,
MISCELLANEOUS FIRST APPEAL NO.101661 OF 2021,
Digitally signed by
BHARATHI H M
Location: HIGH
MISCELLANEOUS FIRST APPEAL NO.101903 OF 2021,
COURT OF
KARNATAKA
DHARWAD
MISCELLANEOUS FIRST APPEAL NO.101904 OF 2021
BENCH
Date: 2025.11.29
11:51:35 +0530 MISCELLANEOUS FIRST APPEAL NO.101905 OF 2021.
IN MFA NO. 100861/2019
BETWEEN
THE EXECUTIVE ENGINEER,
MARKHANDEYA PROJECT,
HIDKAL DAM,
TAL:HUKKERI, DIST:BELAGAVI.
...APPELLANT
(BY SRI S.M. KALWAD, ADVOCATE.)
-2-
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
HIDKAL DAM PROJECT, (MARKHANDEYA PROJECT)
HIDKAL DAM,
TAL:HUKKERI, DIST: BELGAUM-591107.
2. SRI BHARAMA S/O. MALLAPPA CHOUGALE
SINCE DECEASED BY HIS LRS.,
SRI ANIL S/O. BHARMA CHOUGALE,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
3. SMT. VILASMATI W/O. DHARANENDRA ANIGOL
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O. CHIGADINKOPP,
TAL: KHANAPUR, DIST: BELAGVI-591302.
4. SMT. SUNANDA W/O. GANGAPPA GODAKI
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O. NEGKINHAL,
TAL: BAILHONGAL, DIST: BELAGAVI-591102.
SRI BALAKRISHNA /O. MALLAPPA CHOUGALE
SINCE DECEASED BY HIS LRS.,
5. SRI MAHAVEER S/O. BALAKRISHNA CHOUGALE,
AGE: 61 YEARS, OCC: SERVICE,
R/O. BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
6. SRI SUNIL S/O. BHARMA CHOUGALE
AGE: 48 YEARS, OCC:AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
-3-
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
7. SMT SUNITA W/O. KALLAPPA MUTAGI
AGE: 51 YEARS, OCC: HOUSEHOLD WORK,
R/O. BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
8. THE PRINCIPAL REVENUE SECRETARY,
KARNATAKA GOVERNMENT, VIDHAN SOUDHA,
BENGALURU-560001.
..RESPONDENTS
(BY SRI ASHOK A. NAIK, ADVOCATE FOR R2 TO R7;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R8)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 28.04.2018 PASSED IN LAC.NO.8/2013 ON THE
FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI,
BY LIMITING THE ENHANCEMENT OF MARKET VALUE OF THE
ACQUIRED LAND TO RS.22,400/- PER GUNTA INSTEAD OF
RS.56,000/- PER GUNTA.
IN MFA NO.100858/2019
BETWEEN
KARNATAKA NEERAVARI NIGAM LTD.,
REPRESENTED BY ITS EXECUTIVE ENGINEER,
MARKANDEY PROJECT,
GRBC DIV.NO.2, HIDKAL DAM,
TAL: HUKKERI, DIST:BELGAVI-591107.
...APPELLANT
(BY SRI. S.M. KALWAD, ADVOCATE)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
HIDKAL DAM PROJECT,
-4-
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
HIDKAL DAM, TAL:HUKERI,
DIST:BELGAUM-590001.
2. SRI BASAWANT S/O. YALLAPPA BEDAKA
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
3. SRI MALLAPPA S/O. YALLAPPA BEDAKA
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
4. SRI BASAPPA S/O. MALLAPPA BEDAKA
AGE:48 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
5. SRI ARUN S/O. BHAIRU BEDAKA
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
6. SMT. RENUKA W/O. BHAIRU BEDAKA
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
7. SMT. YASHODA W/O. KALLAPPA BEDAKA
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
8. SMT. NEELAVVA W/O. KALLAPPA BEDAKA
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
-5-
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
9. SRI GAJANAN S/O. KALLAPPA BEDAKA
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
10. THE PRINCIPAL REVENUE SECRETARY,
KARNATAKA GOVERNMENT, VIDHAN SOUDHA,
BENGALURU-560001.
...RESPONDENTS
(BY SRI ASHOK A. NAIK, ADVOCATE FOR R2 TO R9;
SMT. KIRTI LATHA PATIL, ADVOCATE FOR R1 AND R10.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 28.04.2018 PASSED IN LAC NO.5/2013 ON THE
FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI,
BY LIMITING THE ENHANCEMENT OF MARKET VALUE OF THE
ACQUIRED LAND TO RS.22,400/- PER GUNTA INSTEAD OF
RS.56,000/- PER GUNTA.
IN MFA NO.100859/2019
BETWEEN
KARNATAKA NEERAVARI NIGAM LTD.,
REPRESENTED BY ITS EXECUTIVE ENGINEER,
MARKANDEYA PROJECT,
HIDKAL DAM,
TAL: HUKERI, DIST: BELAGAVI-590001.
...APPELLANT
(BY SRI S.M. KALAWAD, ADVOCATE)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
HIDKAL DAM PROJECT,
-6-
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
HIDKAL DAM, TAL: HUKERI,
DIST: BELGAUM-590001.
2. SRI BASAWANT S/O. CHANDRAKANT BEDAKA
SINCE DECEASED BY HIS LRS.,
SRI BASAWANT S/O. CHANDRAKANT BEDAKA,
AGE:29 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
3. SRI BHAVAKANA S/O. BASAWANT BEDAKA
AGE: 27 YEARS, OCC:AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
4. SMT. RENUKA W/O. BASAWANT BEDAKA
AGE:31 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
5. SMT. KALPANA W/O. BASAWANT BEDAKA
AGE: 36 YEARS,, OCC: HOUSEHOLD WORK,
R/O. BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
6. THE PRINCIPAL REVENUE SECRETARY,
KARNATAKA GOVERNMENT, VIDHAN SOUDHA,
BENGALURU-560001.
...RESPONDENTS
(BY SRI ASHOK A. NAIK, ADVOCATE FOR R2 TO R5;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R6.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 28.04.2018 PASSED IN LAC NO.6/2013 ON THE
FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI,
BY LIMITING THE ENHANCEMENT OF MARKET VALUE OF THE
-7-
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
ACQUIRED LAND TO RS.22,400/- PER GUNTA INSTEAD OF
RS.56,000/- PER GUNTA.
IN MFA NO.100860/2019
BETWEEN
THE EXECUTIVE ENGINEER,
MARKANDEYA PROJECT,
HIDKAL DAM,
TAL:HUKERI, DIST:BELAGAVI-591107.
...APPELLANT
(BY SRI S.M. KALAWAD, ADVOCATE.)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
MARKANDEYA PROJECT,
HIDKAL DAM,
TAL:HUKKERI, DIST:BELGAUM-590001.
SRI NINGAPPA S/O. KALLAPPA JODAGUNDI
SINCE DECEASED BY HIS LRS
2. SMT. PARVATI W/O. NINGAPPA JODAGUNDI,
AGE:76 YEARS, OCC:HOUSEHOLD,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
3. SRI KALLAPPA S/O. NINGAPPA JODAGUNDI
AGE:56 YEARS, OCC: CARPENTER,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
4. SRI MALLAPPA S/O. NINGAPPA JODGUNDI
AGE:38, OCC:DRIVER,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
-8-
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
5. SMT. RENUKA W/O. MALLAPPA CHOUGALE
AGE:61 YEARS, OCC: HOUSEHOLD WORK,
R/O. BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
6. SMT. SUVARNA W/O. LAXMAN DHATE
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
7. SRI ANANT S/O. KALLAPPA JODGUNDI
AGE:30 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
8. SRI RAMA S/O. KALLAPPA JODGUNDI
AGE:35 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
9. SRI BHIMA @ KHEMANI
S/O. KALLAPPA JODGUNDI
AGE:45 YEARS, OCC:AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
10. SRI DHAKALU S/O. KALLAPPA JODGUNDI
AGE:55 YEARS, OCC:AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
11. THE PRINCIPAL REVENUE SECRETARY,
KARNATAKA GOVERNMENT, VIDHAN SOUDHA,
BENGALURU-560001.
...RESPONDENTS
(BY SRI ASHOK A. NAIK, ADVOCATE FOR R2 TO R4 AND R6 TO
R10;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R11.)
-9-
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO ALOW
THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 28.04.2018 PASSED IN LAC NO.7/2013 ON THE FILE OF
THE III ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI, BY
LIMITING THE ENHANCEMENT OF MARKET VALUE OF THE
ACQUIRED LAND TO RS.22,400/- PER GUNTA INSTEAD OF
RS.56,000/- PER GUNTA.
IN MFA NO.100862/2019
BETWEEN
KARNATAKA NEERAVARI NIGAM NIYAMIT
REPRESENTED BY ITS EXECUTIVE ENGINEER,
GRBC DIV.NO.2, HIDKAL DAM,
TAL:HUKERI, DIST:BELAGAVI-591107.
...APPELLANT
(BY SRI S.M. KALAWAD, ADVOCATE)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
HIDKAL DAM PROJECT,
HIDKAL DAM, TAL:HUKERI,
DIST:BELGAUM-591107.
2. SMT. SUREKHA W/O. SHARAD SAPKAL
AGE: 47 YEARS,
OCC: HOUSEHOLD WORK AND AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
3. THE PRINCIPAL REVENUE SECRETARY,
KARNATAKA GOVERNMENT, VIDHAN SOUDHA,
BENGALURU-560001.
...RESPONDENTS
(BY SRI ASHOK A. NAIK, ADVOCATE FOR R2;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R3.)
- 10 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 28.04.2018 PASSED IN LAC NO.9/2013 ON THE
FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI,
BY LIMITING THE ENHANCEMENT OF MARKET VALUE OF THE
ACQUIRED LAND TO RS.80,000/- PER GUNTA INSTEAD OF
RS.56,000/- PER GUNTA.
IN MFA NO.100863/2019
BETWEEN
THE EXECUTIVE ENGINEER,
MARKANDEYA PROJECT,
HIDKAL DAM,
TAL:HUKERI, DSIT:BELAGAVI-591107.
..APPELLANT
(BY SRI S.M. KALAWAD, ADVOCATE)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
HIDKAL DAM PROJECT,
HIDKAL DAM, TAL:HUKERI,
DIST:BELAGAUM.
SRI BASAWANT S/O. CHANDRAPPA BEDAKA
SINCE DECEASED BY HIS LRS.,
2. SRI CHANDRAKANT S/O. BASAWANT BEDAKA,
AGE:34 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
3. SRI BHAVAKANNA S/O. BASAWWANT BEDAKA
AGE:32 YEARS, OCC:AGRICULTURE,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
- 11 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
4. SMT. RENUKA W/O. BASAWANT BEDAKA
AGE:36 YEARS, OCC:HOUSEHOLD WORK,
R/O. BASAVAN KUDACHI,
DIST:BELAGAVI-591124.
5. SMT. KALPANA W/O. VASANT GURAV
AGE:41 YEARS, OCC:HOUSEHOLD WORK,
R/O. KANAPUR, TAL: KHANAPUR,
DIST:BELAGAVI-591124.
6. THE PRINCIPAL REVENUE SECRETARY,
KARNATAKA GOVERNMENT, VIDHAN SOUDHA,
BENGALURU-560001.
...RESPONDENTS
(BY SRI ASHOK A. NAIK, ADVOCATE FOR R2 TO R5;
SMT. KRITI LATHA PATIL, HCGP FOR R1.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 28.04.2018 PASSED IN LAC NO.10/2013 ON THE
FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI,
BY REDUCING THE ENHANCEMENT OF MARKET VALUE OF THE
ACQUIRED LAND TO RS.22,400/- PER GUNTA INSTEAD OF
RS.56,000/- PER GUNTA.
IN MFA NO.100864/2019
BETWEEN
KARNATAKA NEERAVARI NIGAM LTD.,
REPRESENTED BY ITS
EXECUTIVE ENGINEER,
MARKANDEY PROJECT, HIDKAL DAM,
TQ: HUKKERI, DIST: BELAGAVI.
...APPELLANT
(BY SRI S.M. KALAWAD, ADVOCATE.)
- 12 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
MARKANDEY PROJECT,
HIDKAL DAM PROJECT,
HIDKAL DAM, TQ: HUKKERI,
DIST: BELAGAVI.
2. THE PRINCIPAL REVENUE SECRETARY,
KARNATAKA GOVERNMENT, VIDHAN SOUDHA,
BENGALURU-560001.
SRI BHAVAKU S/O. BHAIRU BEDAKA
SINCE DECEASED BY HIS LRS,
3. SRI MALLAPPA,
S/O. BHAVAKANNA @ BHAVAKU BEDAKA,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
4. SRI PARASHURAM
S/O. BHAVAKANNA @ BHAVAKU BEDAKA,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
5. SRI DEVAPPA
S/O. BHAVAKANNA @ BHAVAKU BEDAKA,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
6. SRI SHIVAJI
S/O. BHAVAKANNA @ BHAVAKU BEDAKA,
AGE: 58 YEARS, OCC: AGRICULTURE,
- 13 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
7. SRI SAMBAJI
S/O. BHAVAKANNA @ BHAVAKU BEDAKA,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
8. SMT. NEELA W/O. MALLAPPA MUTAGEKAR
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
9. SRI BASAWANT S/O. YALLAPPA BEDAKA
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
10. SRI MALLAPPA S/O. YALLAPPA BEDAKA
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
11. SRI BASAPPA S/O. MALLAPPA BEDAKA
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
12. SRI ARUN S/O. BHAIRU BEDAKA
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
13. SMT. RENUKA S/O. BHAIRU BEDAKA
AGE: 50 YEARS, OCC: HOUSEHOLD WORK,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
- 14 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
14. SMT. YASHODA W/O. KALLAPPA BEDAKA
AGE: 67 YEARS, OCC: HOUSEHOLD WORK,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
15. SMT. NEELAVVA W/O. KALLAPPA BEDAKA
AGE: 54 YEARS, OCC: HOUSEHOLD WORK,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
16. SRI GAJANAN S/O. KALLAPPA BEDAKA
AGE: 25 YEARS, OCC: HOUSEHOLD WORK,
R/O: BASAVAN KUDACHI,
DIST: BELAGAVI-591124.
...RESPONDENTS
(BY SRI ASHOK A. NAIK, ADVOCATE FOR R3 TO R16;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R2.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 28.04.2018 PASSED IN LAC NO.11/2013 ON THE
FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI,
BY LIMITING THE ENHANCEMENT OF MARKET VALUE OF THE
ACQUIRED LAND TO RS.22,400/- PER GUNTA INSTEAD OF
RS.56,000/- PER GUNTA.
IN MFA NO.101658/2021
BETWEEN
1. SMT. PARWATI W/O. NINGAPPA JODAGUNDI
AGE: 76 YEARS, OCC HOUSEHOLD WORK
R/O. BASAVAN KUDACHI
TQ AND DIST BELAGAVI-591124.
2. SRI KALLPPA S/O. NINGAPPA JODAGUNDI
AGE: 56 YEARS, OCC: CARPENTER
- 15 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
R/O. BASAVAN KUDACHI
TQ AND DIST BELAGAVI-591124.
3. SHRI MALLAPPA S/O. NINGAPPA JODAGUNDI
AGE: 37 YEARS, OCC: AGRICULTURE
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI.
4. SMT. SUVARNA W/O. LAXMAN BHATE
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O. SURECHE, TQ. CHANDGAD,
DIST. KOLHAPUR, MAHARASHTRA STATE.
5. SHRI ANANT S/O. KALLAPPA JODAGUNDI
AGE: 71 YERAS, OCC: AGRICULTURE,
R/O. BASAVANA KUDACHI,
TQ. AND DIST. BELAGAVI.
6. SHRI RAMA S/O. KALLAPPA JODAGUNDI
AGE: 69 YERAS, OCC: AGRICULTURE,
R/O. BASAVANA KUDACHI,
TQ. AND DIST. BELAGAVI.
7. SHRI BHIMA @ KHEMANI
S/O. KALLAPPA JODAGUNDI,
AGE: 66 YERAS, OCC: AGRICULTURE
R/O. BASAVANA KUDACHI,
TQ. AND DIST. BELAGAVI.
8. SHRI DHAKALU S/O. KALLAPPA JODAGUNDI
AGE: 64 YERAS, OCC: AGRICULTURE,
R/O. BASAVANA KUDACHI,
TQ. AND DIST. BELAGAVI.
...APPELLANTS
(BY SRI ASHOK A. NAIK, ADVOCATE)
- 16 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
AND
1. SPECIAL LAND ACQUISITION OFFICER
MARKHANDAYA PROJECT,
HIDKAL DAM, TQ. HUKKERI,
DIST. BELAGAVI.
2. THE PRINCIPAL REVENUE SECRETARY
KARNATAKA GOVERNMENT,
VIDHANA SOUDA, BENGALURU-01.
3. THE EXECUTIVE ENGINEER
MARKHANDAYA PROJECT,
HIDKAL DAM,
TQ. HUKKERI DIST. BELAGAVI.
...RESPONDENTS
(BY SRI S.M. KALAWAD, ADVOCATE FOR R3;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R2.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 28.04.2018 PASSED
IN LAC NO.7/2013 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, BY
ENHANCING THE COMPENSATION TO RS.80,000/- PER GUNTA
WITH ALL THE STATUTORY BENEFITS ENTITLED UNDER THE
LAW, IN THE INTEREST OF JUSTICE.
IN MFA NO.101659/2021
BETWEEN
1. CHANDRAKANT S/O. BASAVANT BEDAKA
AGE: 36 YEARS, OCC: AGRICULTURE
R/O. BASAVANA KUDACHI,
TQ. AND DIST. BELAGAVI-591124.
2. SHRI BHAVAKANNA S/O. BASAWANT BEDAKA
AGE: 27 YEARS, OCC: AGRICULTURE,
- 17 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
R/O. BASAVANA KUDACHI,
TQ. AND DIST. BELAGAVI-591124.
3. SMT. RENUKA D/O. BASAWANT BEDAKA
AGE: 38 YEARS, OCC: HOUSEWIFE
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI-591124.
4. SMT. KALPANA W/O. VASANT GURAV
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. KHANAPUR,
TQ. KHANAPUR, DIST, BELAGAVI-591124.
...APPELLANTS
(BY SRI ASHOK A. NAIK, ADVOCATE)
AND
1. SPECIAL LAND ACQUISITION OFFICER
MARKHANDAYA PROJECT,
HIDKAL DAM, TQ. HUKKERI,
DIST BELAGAVI-591124.
2. THE PRINCIPAL REVENUE SECRETARY
KARNATAKA GOVERNMENT,
VIDHANA SOUDA,
BENGALURU-01.
3. THE EXECUTIVE ENGINEER
MARKHANDAYA PROJECT,
HIDKAL DAM,
TQ. HUKKERI DIST. BELAGAVI.
...RESPONDENTS
(BY SRI S.M. KALAWAD, ADVOCATE FOR R3;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R2.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 28.04.2018 PASSED
- 18 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
IN LAC NO.6/2013 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, BY
ENHANCING THE COMPENSATION TO RS.80,000/- PER GUNTA
WITH ALL THE STATUTORY BENEFITS ENTITLED UNDER THE
LAW, IN THE INTEREST OF JUSTICE.
IN MFA NO.101660/2021
BETWEEN
1. SRI BASAVANT S/O. YALLAPPA BEDAKA
AGE: 56 YEARS, OCC: AGRICULTURE
R/O. BASAVAN KUDACHI
TQ. AND DIST. BELAGAVI.
2. SRI MALLAPPA S/O. YALLAPPA BEDAKA
AGE: 65 YEARS, OCC: AGRICULTURE
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI.
3. SHRI BASAPPA S/O. MALLAPPA BEDAKA
AGE: 53 YEARS, OCC: AGRICULTURE
R/O. BASAVAN KUDACHI
TQ. AND DIST. BELAGAVI.
4. SRI ARUN S/O. BHAIRU BEDAKA
AGE: 63 YEARS, OCC: AGRICULTURE
R/O. BASAVAN KUDACHI
TQ. AND DIST. BELAGAVI.
SMT. RENUKA W/O. BHAIRU BEDAKA
SINCE DECEASED BY HER LR SON
APPELLANT NO.4, WHO IS ALREADY ON RECORD.
5. SMT. SHOBHA MONAPPA KHANNUKAR
AGE: 65 YEARS, OCC: HOUSEWIFE,
R/O. 4TH CROSS,
BHARAT NAGAR, SHAHAPUR,
TAL AND DIST: BELAGAVI,
- 19 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
6. SMT. YASHODA D/O. KALLAPPA BEDAKA
AGE: 66 YEARS, OCC: HOUSEHOLD WORK
R/O. BASAVAN KUDACHI,
TAL AND DIST: BELAGAVI.
7. SMT. NEELAWWA KALLAPPA BEDAKA
AFTER MARRIAGE NALLUTAI
BHARAT ASTEKAR
AGE: 46 YEARS, OCC: HOUSEHOLD WORK
R/O. KARLE, TQ. AND DIST. BELAGAVI.
8. SRI. GAJANANA S/O. KALLAPPA BEDAKA
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. BASAVANA KUDACHI,
TQ. AND DIST. BELAGAVI.
...APPELLANTS
(BY SRI ASHOK A. NAIK, ADVOCATE)
AND
1 . SPECIAL LAND ACQUISITION OFFICER
MARKHANDAYA PROJECT,
HIDKAL DAM, TQ. HUKKERI
DIST: BELAGAVI.
2 . THE PRINCIPAL REVENUE SECRETARY
KARNATAKA GOVERNMENT,
VIDHANA SOUDA,
BENGALURU-01.
3 . THE EXECUTIVE ENGINEER,
MARKHANDAYA PROJECT,
HIDKAL DAM,
TQ. HUKKERI DIST. BELAGAVI.
...RESPONDENTS
(BY SRI S.M. KALAWAD, ADVOCATE FOR R3;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R2.)
- 20 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 28.04.2018 PASSED
IN LAC NO.5/2013 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, BY
ENHANCING THE COMPENSATION TO RS.80,000/- PER GUNTA
WITH ALL THE STATUTORY BENEFITS ENTITLED UNDER THE
LAW, IN THE INTEREST OF JUSTICE.
IN MFA NO.101661/2021
BETWEEN
1. CHANDRAKANT S/O. BASAWANT BEDAKA
AGE. 36 YEARS, OCC. AGRICULTURE,
R/O. BASAVAN- KUDACHI
TQ AND DIST. BELAGAVI.
2. SHRI BHAVAKANNA S/O. BASAWANT BEDAKA
AGE. 27 YEARS, OCC. AGRICULTURE,
R/O. BASAVAN- KUDACHI,
TQ AND DIST. BELAGAVI.
3. SMT. RENUKA W/O. BASAWANT BEDAKA
AGE. 38 YEARS, OCC. HOUSEHOLD WORK,
R/O. BASAVAN- KUDACHI,
TQ AND DIST. BELAGAVI.
4. SMT. KALPANA W/O. VASANT GURAV
AGE. 43 YEARS, OCC. HOUSEHOLD WORK
R/O. KHANAPUR, TQ. KHANAPUR,
DIST. BELAGAVI.
...APPELLANTS
(BY SRI ASHOK A. NAIK, ADVOCATE)
- 21 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
AND
1. SPECIAL LAND ACQUISITION OFFICER,
MARKHANDAYA PROJECT, HIDKAL DAM
TQ. HUKKERI, DIST. BELAGAVI.
2. THE PRINCIPAL REVENUE SECRETARY,
KARNATAKA GOVERNMENT,
VIDHANA SOUDHA, BENGALURU-1.
3. THE EXECUTIVE ENGINEER,
MARKHANDAYA PROJECT, HIDKAL DAM
TQ. HUKKERI, DIST. BELAGAVI.
...RESPONDENTS
(BY SRI S.M. KALAWAD, ADVOCATE R3;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 28.04.2018 PASSED
IN LAC NO.10/2013 ON THE FILE OF THE III ADDITIONAL
SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
BELAGAVI, BY ENHANCING THE COMPENSATION TO RS.80,000/-
PER GUNTA WITH ALL THE STATUTORY BENEFITS ENTITLED
UNDER THE LAW, IN THE INTEREST OF JUSTICE.
IN MFA NO.101903/2021
BETWEEN
SMT. SUREKHA W/O. SHARAD SAPAKAL
AGE. 63 YEARS, OCC. HOUSEWIFE,
R/O. SHAHAPUR-BELAGAVI.
TQ AND DIST. BELAGAV.
...APPELLANT
(BY SRI ASHOK A. NAIK, ADVOCATE)
- 22 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
AND
1. SPECIAL LAND ACQUISITON OFFICER
MARKHANDAYA PROJECT, HIDKAL DAM
TQ. HUKKERI, DIST. BELAGAVI-591107.
2. THE PRINCIPAL REVENUE SECRETARY,
KARNATAKA GOVERNMENT,
VIDHANA SOUDA, BENGALURU-1.
3. THE EXECUTIVE ENGINEER,
MARKHANDAYA PROJECT,
HIDKAL DAM,
TQ. HUKKERI, DIST. BELAGAVI-591107.
...RESPONDENTS
(BY SRI S.M. KALAWAD, ADVOCATE FOR R3;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R2.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 28.04.2018 PASSED
IN LAC NO.9/2013 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, BY
ENHANCING THE COMPENSATION TO RS.80,000/- PER GUNTA
WITH ALL THE STATUTORY BENEFITS ENTITLED UNDER THE
LAW, IN THE INTEREST OF JUSTICE.
IN MFA NO.101904/2021
BETWEEN
1. SHRI MALLAPPA
S/O. BHAVAKANNA @ BHAVAKU BEDAKA
AGE: 68 YEARS, OCC: AGRICULTURE
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI-591124.
- 23 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
2. SHRI PARASHARAM
S/O. BHAVAKANNA @ BHAVAKU BEDAKA
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
TQ AND DIST. BELAGAVI-591124.
3. SHRI DEVAPPA S/O. BHAVAKANNA
@ BHAVAKU BEDAKA
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
TQ AND DIST. BELAGAVI-591124.
4. SHRI SHIVAJI S/O. BHAVAKANNA
@ BHAVAKU BEDAKA
AGE:61 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI-591124.
5. SHRI SAMBHAJI S/O. BHAVAKANNA
@ BHAVAKU BEDAKA
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI-591124.
6. SMT. NEELA W/O. MALLAPPA MUTAGEKAR
AGE: 60 YEARS, OCC: AGRICULTURE
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI-591124.
7. SRI BASAVANT S/O. YALLAPPA BEDAKA
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI.
8. SRI MALLAPPA S/O. YALLAPPA BEDAKA
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI.
- 24 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
9. SHRI BASAPPA S/O. MALLAPPA BEDAKA
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI.
10. SRI ARUN S/O. BHAIRU BEDAKA
AGE: 63 YEARS, OCC: AGRICULTURE
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI.
11. SMT. RENUKA BHAIRU BEDAKA
AGE: MAJOR, OCC: HOUSEHOLD
R/O. BASAVAN KUDACHI,
TAL AND DIST. BELAGAVI
SINCE DECEASED BY HER LRS. ALREADY ON
RECORD AS APPELLANT NO.10 AND ANOTHER.
12. SMT. SHOBHA MONAPPA KHANNUKAR
AGE: 65 YEARS, OCC: HOUSEWIFE,
R/O: 4TH CROSS, BHARAT NAGAR, SHAHAPUR,
TAL AND DIST: BELAGAVI
13 SMT. YASHODA D/O. KALLAPPA BEDAKA
AGE: 66 YEARS, OCC: HOUSEHOLD WORK
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI.
14 SMT. NEELAVVA KALLAPPA BEDAKA
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI.
15 SRI. GAJANAN S/O. KALLAPPA BEDAKA
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI,
...APPELLANTS
(BY SRI ASHOK A. NAIK, ADVOCATE)
- 25 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
AND
1 . SPECIAL LAND ACQUISITION OFFICER
MARKHANDAYA PROJECT,
HIDKAL DAM, TQ HUKKERI,
DIST. BELAGAVI.
2 . THE PRINCIPAL REVENUE SECRETARY
KARNATAKA GOVERNMENT,
VIDHANA SOUDA, BENGALURU-01.
3 . THE EXECUTIVE ENGINEER
MARKHANDAYA PROJECT,
HIDKAL DAM,
TQ. HUKKERI DIST. BELAGAVI.
...RESPONDENTS
(BY SRI S.M. KALAWAD, ADVOCATE FOR R3;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R2.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 28.04.2018 PASSED
IN LAC NO.11/2013 ON THE FILE OF THE III ADDITIONAL
SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
BELAGAVI, BY ENHANCING THE COMPENSATION TO RS.80,000/-
PER GUNTA WITH ALL THE STATUTORY BENEFITS ENTITLED
UNDER THE LAW, IN THE INTEREST OF JUSTICE.
IN MFA NO.101905/2021
BETWEEN
1. SHRI ANIL S/O. BHARMA CHOUGULE
AGE: 51 YEAR, OCC: AGRICULTURE,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI.
- 26 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
2. SMT. VILASMATI W/O. DHARENDRA ANIGOL
AGE: 55 YEAR, OCC: HOUSEHOLD WORK,
R/O. CHIGADINKOPPA.
3. SMT. SUNANDA W/O. GANGAPPA GODAKI
AGE: 47 YEARS, OCC: HOUSEHOLD WORK
R/O. BEGINHAL, TQ. BAILHONAL,
DIST. BELAGAVI.
4. SHRI MAHAVEER S/O. BALKRISHNA CHOUGALE
AGE: 63 YEARS, OCC. SERVICE,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI-591124.
5. SHRI SUNIL S/O. BHARMA CHOUGALE
AGE: 51 YEARS,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI-591128.
6. SMT. SUNITA W/O. KALLAPPA MUTAGI
AGE 54 YEARS, OCC: HOUSEHOLD WORK,
R/O. BASAVAN KUDACHI,
TQ. AND DIST. BELAGAVI-591126.
...APPELLANTS
(BY SRI ASHOK A. NAIK, ADVOCATE.)
AND
1. SPECIAL LAND ACQUISTION OFFICER
MARKHANDAYA PROJECT,
HIDKAL DAM,
TQ. HUKKERI DIST. BELAGAVI-591309.
2. THE PRINCIPAL REVENUE SECRETARY
KARNATAKA GOVERNMENT,
VIDHANA SOUDA, BENGALURU-01.
- 27 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
3. THE EXECUTIVE ENGINEER
MARKHANDAYA PROJECT
HIDAKAL DAM, TALUK: HUKKERI
DIST: BELAGAVI-591309.
...RESPONDENTS
(BY SRI S.M. KALAWAD, ADVOCATE FOR R3;
SMT. KIRTI LATHA PATIL, HCGP FOR R1 AND R2.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 28.04.2018 PASSED
IN LAC NO.8/2013 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, BY
ENHANCING THE COMPENSATION TO RS.80,000/- PER GUNTA
WITH ALL THE STATUTORY BENEFITS ENTITLED UNDER THE
LAW, IN THE INTEREST OF JUSTICE.
THESE APPEALS HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 14.11.2025 AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE
FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
CAV JUDGMENT
(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)
MFA Nos.100861/2019, 100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019 and
100864/2019 are filed by the appellant/beneficiary,
challenging the quantum of compensation awarded by the
- 28 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
learned III Additional Senior Civil Judge and CJM, Belagavi
(for short, the reference Court), in LAC Nos.5/2013 to
11/2013, dated 28.04.2018; MFA Nos.101658/2021,
101659/2021, 101660/2021, 101661/2021, 101903/2021,
101904/2021 and 101905/2021 are filed by claimants,
praying for enhancement of compensation.
2. Parties would be referred with their ranks, as
they were before the reference Court, for sake of
convenience and clarity.
3. The admitted facts are that, for the purpose of
rehabilitation of the land losers in Markandeya (Hidkal Dam)
Project, lands of the claimants in LAC Nos.5/2013 to
11/2013 totally measuring 21 acres 05 guntas, situated at
Basavanakudachi village of Belagavi District were acquired.
Notification under Section 4(1) of the Land Acquisition Act,
1884 (for short, 'the Act') was published on 27.05.2004 and
the Special Land Acquisition Officer (SLAO) has passed the
award in LAQ: JSR: 107, 109/2004-05 on 15.07.2004
- 29 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
awarding compensation of ₹81,656/- per acre. Not satisfied
with the said award, the claimants have preferred the
reference petition under Section 18(1) of the Act, which was
entertained by the reference Court.
4. On behalf of claimants, P.W.1 & PW.2 were
examined apart from marking Exs.P.1 to P.47 and closed
their side before the reference Court. On behalf of
respondents, no evidence was let in except marking Exs.R.1
and R.2-the award passed by SLAO and Award Statement.
5. After recording evidence of both sides and
hearing arguments of both sides, the reference Court based
on the sale deed dated 29.01.2004, has passed the award
by fixing the market value of the acquired property at
₹56,000/- per gunta.
6. Aggrieved by the same, the appellant/beneficiary
has preferred MFA Nos.100861/2019, 100858/2019,
- 30 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
100859/2019, 100860/2019, 100862/2019, 100863/2019
and 100864/2019.
7. Not satisfied with the said award of
compensation by the reference Court, the claimants have
preferred the appeal in MFA Nos.101658/2021,
101659/2021, 101660/2021, 101661/2021, 101903/2021,
101904/2021 and 101905/2021.
8. Heard arguments of learned counsel
Sri S.M.Kalwad, appearing on behalf of
appellant/beneficiary, learned counsel Sri Ashok A. Naik,
appearing for the claimants and learned HCGP Smt.Kirti
Latha Patil, appearing for the State.
9. Learned counsel Sri S.M.Kalwad, appearing on
behalf of appellant/beneficiary would submit his arguments
that, the lands in question were acquired at Basavana
Kudachi village, Belgavi, and it was not within the
jurisdiction of Belagavi Corporation as on the date of
- 31 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
acquisition. It is about 10.3 kilometers away from Belagavi.
There were no developments at the time of acquisition. The
reference Court erred in granting compensation at
Rs.56,000/- per gunta by only relying upon Ex.P.8 sale
deed dated 29.01.2004, which was executed only in respect
of 03 guntas 02 annas 05 paisa and the acquisition in
present case is about 21 acres. Hence, placing reliance
upon said sale deed by the reference Court is erroneous. He
would further submit that, even then the reference Court
has not given deduction in respect of development charges,
when the property in question is acquired for forming
housing layout. Hence, prayed for allowing the appeals.
10. On the other hand, learned counsel for
respondents/claimants Sri Ashok A. Naik would submit that,
grant of ₹56,000/- per gunta by reference Court is very less
compared to the acquisition made by the National Highway
Authority in recent time. He would further submit that, in
comparison to Ex.P.3, under which the property adjacent to
- 32 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
National Highway was acquired for widening the road, the
compensation awarded herein is on lower side, because the
compensation awarded by NHAI is ₹80,000/- per gunta.
This award is also passed at the proximity of acquiring land
in the present case. Hence, the reference Court failed to
appreciate the evidence in proper perspective and hence,
prays for enhancement of compensation at ₹80,000/- per
gunta to the acquired property by allowing the appeals filed
by him and to dismiss the appeals filed by the beneficiary.
11. After hearing arguments of both sides, verifying
the appeal papers and also the reference Court records, the
only point that would arise for our consideration is:
"Whether the compensation awarded by the
reference Court is liable to be interfered with?"
12. Our finding on the above point is in 'affirmative'
for the following:
- 33 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
REASONS
13. The admitted facts of the case are that the
agricultural lands belonging to claimants in LAC No.5/2011
to 11/2011 were acquired under preliminary notification
dated 27.05.2004 for the purpose of rehabilitation of the
land-losers in Markandeya (Hidkal Dam) Project.
14. The claimants have produced sale deeds as per
Exs.P.4 to P.9, before the reference Court in respect of the
sales that has taken place near the date of acquisition.
Amongst those sale deeds, only Ex.P.8 sale deed dated
29.01.2004 was in respect of the property sold at Basavana
Kuduchi village to the proximate date. Hence, the reference
Court considered the said sale deed for determining the
compensation. According to this sale deed, 03 guntas 02
annas 05 paisa was sold, for a sum of Rs.1,68,000/-. By
making its calculation, the reference Court held that it
amounts to ₹56,000/- per gunta.
- 34 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
15. As discussed above, the acquisition in the
present case is about 21 acres and admittedly it is dry land.
Even though claimants contended that the acquired
property comes within the jurisdiction of Belgavi
Corporation, they failed to prove that as on the date of
preliminary notification, the property in question comes
within the jurisdiction of Belagavi Corporation. On the other
hand, the admitted facts are that it was a dry barren land
and nothing was being cultivated in this property and it was
just a grass land and these facts are categorically admitted
by P.W.1 in his cross-examination.
16. As far as award passed by the National Highway
Authority as per Ex.P.3 is concerned, it cannot be
considered to the present case, because admittedly under
Ex.P.3, the adjacent land to National Highway is acquired
for widening National Highway. Hence, that cannot be
criteria to decide the acquired property in the present case.
All other sale deeds produced by claimants are of the year
- 35 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
2001 to 2003 and not of the year 2004. Hence, reference
Court has rightly not considered those sale deeds. The only
remaining sale deed to be considered is Ex.P.8. According to
it, only ₹56,000/- per gunta is the correct market value of
sold property under said document.
17. At the time of giving reasons, the reference
Court has observed that as per the judgment of a
Co-ordinate Bench of this Court in the case of SLAO vs.
Vaijanath since deceased by Lrs Siddappa Patil,
reported in ILR 2006 Karnataka 154, there shall be
deduction for civic amenities if the property in question is
acquired for housing purpose or for other purposes. In the
present case also admittedly the property in question is
acquired for housing purpose and thus, there shall be some
deduction towards development charges or civic amenities,
which is not done in the present case by the reference
Court. The reference Court has also relied on a judgment of
Hon'ble Apex Court in the case of Smt.Basavva and
- 36 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
others vs. Special Land Acquisition Officer and others,
reported in AIR 1996 SC 3168, wherein also the Hon'ble
Apex Court has held that deduction towards developmental
charges at 65% was just and proper. However, without
considering any of these judgments, even though they were
relied by the reference Court, without giving deduction
towards developmental charges, taking ₹56,000/- as a
whole per gunta by reference Court, is erroneous. Hence, it
requires interference.
18. Considering the ratio laid down in the above said
judgments of Co-ordinate bench of this Court under
Vaijanath case (supra) and also of Smt.Basavva's case
(supra) of Hon'ble Apex Court, we are of the considered
opinion that in the present case deduction of 30% towards
developmental charges is quite appropriate.
19. In the result, we proceed to pass the following:
- 37 -
MFA NO.100861/2019,
C/W. MFA NOs.100858/2019, 100859/2019,
100860/2019, 100862/2019, 100863/2019,
100864/2019, 101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021, 101905/2021
ORDER
i) MFA Nos.100861/2019, 100858/2019,
100859/2019, 100860/2019, 100862/2019,
100863/2019 and 100864/2019 filed by the
appellants/beneficiary are partly allowed with
costs.
ii) MFA Nos.101658/2021, 101659/2021,
101660/2021, 101661/2021, 101903/2021,
101904/2021 and 101905/2021, filed by the
appellants/claimants are dismissed.
iii) Claimants in the above MFAs are
entitled for a compensation at the rate of
₹39,200/- per gunta (after deducting
developmental charges) for the acquired lands,
along with solatium and all other statutory benefits
and interest.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(GEETHA K.B.)
JUDGE
MRK, CT-CMU
