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Karnataka High Court
Gollappa S/O Sharanappa Takka And Ors vs The Land Acquisition Officer And Ors on 21 January, 2026
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MFA No. 200003 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 200003 OF 2017 (LAC)
BETWEEN:
1. GOLLAPPA S/O SHARANAPPA TAKKA
DECESSED BY LRS
1A. SHARANAPPA S/O GOLLAPPA TAKKA,
AGE: MAJOR, OCCU:AGRICULTURE,
R/O. KADANI TQ.SINDAGI, DIST.VIJAYAPUR.
1B. BASAVARAJ S/O GOLLAPPA TAKKA,
AGE:MAJOR, OCCU:AGRICULTURE,
R/O. KADANI TQ.SINDAGI. DIST. VIJAYAPUR.
Digitally signed
by LUCYGRACE 1C. SHANTHOSH S/O GOLLAPPA TAKKA,
Location: HIGH AGE:MAJOR, OCCU:AGRICULTURE,
COURT OF R/O. KADANI TQ.SINDAGI, DIST.VIJAYPUR.
KARNATAKA
1D. SHRISHAIL S/O GOLLAPPA TAKKA,
AGE:MAJOR, OCCU:AGRICULTURE,
R/O. KADANI TQ.SINDAGI, DIST.VIJAYAPUR.
1E. SUJATHA W/O SHIVANAND NELANGE,
AGE:MAJOR, OCCU:AGRICULTURE,
R/O. KADANI TQ.SINDAGI, DIST.VIJAYAPUR.
1F. DHANAMMA W/O SANGANNA KATTI,
AGE:MAJOR, OCCU:AGRICULTURE,
R/O. KADANI TQ.SINDAGI, DIST.VIJAYAPUR.
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MFA No. 200003 of 2017
HC-KAR
1G. SHAILAJA W/O SHARANU PURANE,
AGE:MAJOR, OCCU:AGRICULTURE,
R/O. KADANI TQ.SINDAGI, DIST.VIJAYAPUR.
1H. IRAMMA W/O MAHESH BABALESHWAR,
AGE:MAJOR, OCCU:AGRICULTURE,
R/O. KADANI TQ.SINDAGI, DIST.VIJAYAPUR.
...APPELLANTS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER/
ASSISTANT COMMISSIONER, INDI-586209.
2. THE EXECUTIVE ENGINEER,
BHIMA LIFT IRRIGATION PROJECT,
KNNN TQ.AFZALPUR-585301.
3. THE CHIEF SECRETARY STATE OF KARNATAKA,
REPTD.BY DEPUTY COMMISSIONER,
VIJAYAPUR-586101.
4. THE PRL.SECRETARY REVENUE DEPARTMENT,
M.S.BUILDING, BENGALURU-560001.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AAG ALONG WITH
SRI SHESHADRI JAISHANKAR, AGA FOR R1, R3 AND R4;
SRI SHARANABASAVA C. PASTAPUR, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, PRAYING TO, ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD PASSED BY
THE SENIOR CIVIL JUDGE AND JMFC SINDAGI DATED-
30.07.2014 IN LAC.NO.106/2007 AND FIX MARKET VALUE AT
THE RATE OF RS.4,00,000/- PER ACRE AND AWARD ALL
STATUTORY BENEFITS AND GRANT ANY OTHER RELIEF. WHICH
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MFA No. 200003 of 2017
HC-KAR
THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF
THE CASE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
This appeal is filed by the claimants challenging
the judgment and award dated 30.07.2014 passed in
LAC No.106 of 2007 on the file of the Senior Civil
Judge & JMFC, Sindagi, seeking enhancement of
market value of the land acquired by the respondents
(for short, 'Reference Court').
2. For the sake of convenience, the parties in
this appeal shall be referred to in terms of their status
and ranking before the Reference Court.
3. The factual matrix of the case are that the
lands belonging to the claimants were acquired for the
purpose of construction of Bhima (Yatha Niravari) Lift
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Irrigation Project at Kadani Village, Sindagi Taluk,
Bijapur District.
4. The acquiring authority issued a preliminary
notification under Section 4(1) of the Land Acquisition
Act, 1894 on 17.02.2003. The Land Acquisition Officer
(LAO) passed a General Award dated 12.05.2005,
published on 14.07.2005, fixing the market value at
Rs.16,000/- per acre for dry land, and Rs.24,000/- per
acre for irrigated land, along with statutory benefits.
5. Being dissatisfied with the inadequacy of the
compensation awarded by the LAO, the claimants
have an application under Section 18(2) of the Land
Acquisition Act before the competent Reference Court.
6. The Reference Court, after considering the
material on record, by its judgment and award dated
30.07.2014, enhanced the compensation as follows:
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• Rs.3,23,000/- per acre for irrigated land, and
• Rs.2,15,500/- per acre for dry land.
Aggrieved by the same, the claimants have
preferred the present appeal seeking further
enhancement of compensation.
7. I have heard Sri. Harshavardhan R.
Malipatil, learned counsel for the appellants; Smt.
Archana P. Tiwari learned AAG along with Sri.
Sheshadri Jaishankar, learned AGA for respondent
Nos. 1, 3 and 4; Sri. Sharanabasava C. Pastapur,
learned counsel appearing for the respondent No.2.
and perused the records.
8. Sri Harshavardhan R. Malipatil, learned
counsel for the appellants, contended that the
Reference Court, while fixing the market value, placed
reliance on the judgment rendered in LAC No.103 of
2007, as noticed in paragraph 26 of the impugned
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judgment. It was submitted that the acquisition
proceedings in LAC No.103 of 2007 pertaining to an
earlier award passed therein, whereas the acquisition
in the present case culminated in passing of the award
in the year 2005, and therefore the market value
requires suitable enhancement.
9. It is further contended that the Hon'ble
Supreme Court, in SLP (C) Nos.2785-2791 of 2019,
decided on 11.04.2023, relating to the same Bhima
Lift Irrigation Project, has affirmed award of
compensation at Rs.4,61,250/- per acre for irrigated
land. Hence, the appellants are entitled to similar
enhancement in the present appeal. Reliance was also
placed on the judgment of the Hon'ble Supreme Court
in the case of Peerappa Hanmantha Harijan (dead) by
Lrs., and others vs. State of Karnataka and another
reported in (2015) 10 SCC 469, wherein de-
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escalation at the rate of 5% per annum was adopted
for lands situated in the Kalaburagi region.
Accordingly, sought for interference of this Court.
10. Per contra, Sri. Sharanabasava C. Pastapur,
learned counsel appearing for the respondent No.2-
beneficiary of the land in question submitted that the
Reference Court has duly considered all relevant
factors and rightly fixed the compensation. It was
contended that LAC No.103 of 2007 itself was decided
based on earlier judgments relating to the same
Bhima Lift Irrigation Project, including LAC No.483 of
2010 pertaining to Ballundagi Village in Kalaburagi
District, and therefore, it is contended that, no further
enhancement is called for in this appeal.
11. In the light of the rival submissions, the
point that arises for consideration is:
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Whether the appellants are entitled for further
enhancement of compensation, and if so, to what
extent?
12. There is no dispute regarding the acquisition
of the lands of the appellants for the purpose of
Bhima Lift Irrigation Project. The LAO fixed the market
value of irrigated land at Rs.24,000/- per acre, which
was further enhanced by the Reference Court at
Rs.3,23,000/- per acre for irrigated land, and
Rs.2,15,500/- per acre for dry land by relying upon
the judgment in LAC No.103 of 2007.
13. It is relevant to note that the lands involved
in LAC No.103 of 2007 pertains to the same project
and are similarly situated. Further, the Hon'ble
Supreme Court, in Shivappa's case (SLP (C)
Nos.2785-2791 of 2019, decided on 11.04.2023), has
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HC-KAR
affirmed compensation at Rs.4,61,250/- per acre for
irrigated land relating to the same project.
14. The Hon'ble Supreme Court, in Peerappa's
case, has adopted 5% per annum as de-escalation for
determining the market value of lands in this region.
Considering that the market value of Rs.4,61,250/-
per acre pertains to the year 2006, and applying de-
escalation at 5% per annum for two years, the
deduction works out to 15%. After applying the said
de-escalation, the market value payable to the
appellants works out to:
Rs.3,92,062/- per acre for irrigated land.
15. In view of the above discussion, the appeal
deserves to be allowed in part. Accordingly, the appeal
is allowed in part. The claimants in LAC No.106 of
2007 are entitled for compensation of Rs.3,92,062/-
per acre for irrigated land, along with all statutory
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benefits and costs, as applicable under the Land
Acquisition Act.
16. The impugned judgment and award of the
Reference Court stands modified to the above extent.
Sd/-
(E.S.INDIRESH)
JUDGE
SB
List No.: 1 Sl No.: 23
CT:PK
