Karnataka High Court
Hanmanth S/O Babu Harijan Since ... vs The Special Land Acquisition Officer ... on 17 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-K:5539
MSA No. 200227 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISC. SECOND APPEAL NO.200227 OF 2021 (LA)
BETWEEN:
HANMANTH
S/O BABU HARIJAN,
SINCE DECEASED BY LRS.
1a. BABURAO
S/O HANMANTH
AGE: 50 YEARS,
OCC: AGRICULTURE,
SMT. MADEHBAI
W/O HANMANTH
SINCE DECEASED BY LRS.
Digitally signed by
SHIVALEELA 2. ANANDRAO
DATTATRAYA S/O HANMANTH,
UDAGI
Location: HIGH
AGE: 67 YEARS,
COURT OF OCC: AGRICULTURE,
KARNATAKA
3. TIPPANNA
S/O HANMANTH,
AGE: 65 YEARS,
OCC: AGRICULTURE,
4. MALLIKARJUN
S/O HANMANTH,
AGE; 62 YEARS,
OCC: AGRICULTURE,
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MSA No. 200227 of 2021
HC-KAR
5. LAXMAN
S/O HANMANTH,
AGE: 60 YEARS,
OCC: AGRICULTURE,
R/O: KEROOR VILLAGE, TQ: ALAND,
DIST: KALABURAGI.
...APPELLANTS
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
MIP, KALABURAGI - 585 102.
2. THE DEPUTY COMMISSIONER,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI. MAQBOOL AHMED, ADDL. GOVT. ADVOCATE AND
SMT. ARCHANA P. TIWARI, AAG)
THIS MSA IS FILED UNDER SECTION 54 (2) OF THE LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD OF THE I
ADDITIONAL CIVIL JUDGE (SR. DN.) GULBARGA DATED
29.07.2003 IN LAC.NO.228/1995 AND ALSO THE JUDGMENT
AND AWARD OF III ADDITIONAL DISTRICT JUDGE, AT
KALABURAGI DATED 22.09.2014 IN LACA.NO.585/2013 AND
FIX THE MARKET VALUE FOR LAND ACQUIRED AT THE RATE OF
Rs.88,110/- PER ACRE FOR DRY LAND AND AWARD ALL
STATUTORY BENEFITS, INCLUDING INTEREST ON THE ENTIRE
COMPENSATION AMOUNT AND GRANT ANY OTHER RELIEF,
WHICH THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS MSA, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MSA No. 200227 of 2021
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the LRs of the claimant seeking
enhancement of compensation as awarded in the
judgment and award dated 22.09.2014 passed in
LACA.No.585/2013 by the III Additional District Judge,
Kalaburagi.
02. Heard the learned counsel for the appellants
and the learned Additional Government Advocate and
Additional Advocate General for the respondents.
03. The deceased - claimant was the owner of land
bearing Sy.No.8/1A/1 of Kerur village measuring 09 acres
30 guntas and it was a dry land. The same was acquired
by the respondents, vide preliminary notification dated
24.12.1981 issued under Section 4 (1) of the Land
Acquisition Act, 1894, for the purpose of construction of
minor irrigation tank.
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HC-KAR
04. Learned counsel for the appellants would
contend that the appellate Court in LACA.No.228/2016
considering an appeal seeking enhancement of
compensation for the land situated in the same village i.e.,
Kerur village, acquired under the same notification dated
24.12.1981 for construction of minor irrigation tank of
Navanihal Tank has enhanced the compensation and fixed
the market value at Rs.1,04,254/- per acre and allowed
the said appeal granting all statutory benefits. He further
submits that the said judgment passed in
LACA.No.228/2016 has been relied upon in
MSA.No.200231/2018 connected with MSA.No.200232/
2018 and fixed the same market value of the land
acquired in the same village for construction of different
minor irrigation tank acquired under the notification dated
10.01.1982. He further submits that the judgment in
LACA.No.228/2016 has not been challenged by the
respondents. Thus, he prays for enhancement of the
compensation and fix the market value at Rs.1,04,254/-
per acre.
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HC-KAR
05. Learned Additional Advocate General do not
disputed the judgment and award dated 18.02.2017
passed in LACA.No.228/2016 by the III Additional District
Judge, at Kalaburagi and submits that the respondents
have satisfied with the said award.
06. In view of the above fact, the land in case on
hand is situated in the same Kerur village acquired under
the same notification for construction of New Tank on
Madan Hipparga Nala, the appellants are entitled to
enhancement of the compensation by fixing the market
value of the acquired land at Rs.1,04,254/- with all
statutory benefits.
07. In view of the above, the following;
ORDER
I. The appeal is allowed in part with costs.
II. The judgment and award dated 22.09.2014 passed in
LACA.No.585/2013 by the III Additional District
Judge, at Kalaburagi is modified as under:-
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HC-KAR
A. The appellants are entitled to compensation
fixing the market value at Rs.1,04,254/- per
acre with all statutory benefits.
B. The respondents are directed to deposit the
award amount before the Reference Court
within 90 days from the date of award.
C. The appellants are directed to pay the deficit
Court fee, if any, along with fresh valuation slip
as per award of this Court, within eight weeks
from this day.
D. The appellants are not entitled to interest for
the delay period of 1910 days in filing the
appeal and also for the delay period in filing the
appeal before the First Appellate Court in
LACA.No.585/2013.
E. Registry is directed to draw award accordingly.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KJJ
CT:VK
