Sri Late Rajappa Vs the Special Land Acquisition Officer

SMT.PUSHPAVATHI K V, W/O OF LATE RAJAPPA, AGED ABOUT 49 YEARS, R/AT 485/2, BHIMESHWARA NAGARA, MADANAYAKANAHALLI, DASANAPURA HOBLI MADANAIYAKANAHALLI, BENGALURU MADAVARA- 562123.

¶10

Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

¶11

SRI. DILIP M R, S/O LATE RAJAPPA,AGED ABOUT 29 YEARS, R/AT 483/1, MADANAYAKANAHALLI, DASANAPURA HOBLI, MADAVARA, BANGALORE-562123.

¶12

MISS DIVYA M, D/O LATE RAJAPPA,AGED ABOUT 26 YEARS, R/AT 483/1, MADANAYAKANAHALLI, DASANAPURA HOBLI, MADAVARA, BANGALORE-562123

¶13

…APPELLANTS

¶14

(BY SRI MANOJ KUMAR J Y, ADVOCATE)

¶15

AND:

¶16

THE SPECIAL LAND ACQUISITION OFFICER, HRP-2, 1^ST FLOOR, DEPUTY COMMISSIONER BUILDING, HASSAN - 560058.

¶17

2 -

¶18

NC: 2026:KHC:6968 MSA No. 59 of 2025

¶19

HC-KAR

¶20

KAVERI NEERAVARI NIGAMA, K R S ROAD, GOKULAM, 4^TH STAGE, MYSORE - 570020.

¶21

…RESPONDENTS

¶22

(BY SMT RANSA VASANTHI, HCGP FOR R1, SRI B R PRASHANTH, ADVOCATE FOR R2)

¶23

THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND DECREE DATED 20.07.2022 PASSED IN LAC(APPL) NO. 184/2017 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 25.02.2017 PASSED IN LAC.51/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARAKALGUD, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER 18(1) OF LAND ACQUISITION ACT.

¶24

THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

¶25

ORAL JUDGMENT

¶26

Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents.

¶27

The appellant's lands bearing Sy.Nos.31/1 and 36/3 measuring 2 guntas each in Mundagodu Village, Kasaba Hobli, Arkalgudu Taluk was acquired under the provisions of the Land Acquisition Act, 1894. The preliminary notification was issued on 03.09.2009. The

¶28

3 -

¶29

NC: 2026:KHC:6968 MSA No. 59 of 2025

¶30

HC-KAR

¶31

Land Acquisition Officer granted Rs.49,000/- per acre. On reference, the reference court awarded Rs.25,000 per gunta. On appeal being filed by the land loser, the Appellate Court awarded Rs.35,000 per gunta as the market value.

¶32

Learned counsel for the appellant/land loser would submit that in respect of the land acquired under the same notification in the same village and which is similar to the lands of the appellant, compensation of Rs.45,000 per gunta is awarded by this Court in M.S.A. No.25/2023.

¶33

Learned counsel for the respondent does not dispute the fact that Rs.45,000 per gunta is awarded by this Court in M.S.A. No.25/2023 and does not dispute the fact that there is no appeal filed against the said order. However, he would urge that the compensation awarded to the appellant is adequate and there is no scope for enhancement.

¶34

4 -

¶35

NC: 2026:KHC:6968 MSA No. 59 of 2025

¶36

HC-KAR

¶37

The Court has considered the contentions raised

¶38

at the bar and perused the records.

¶39

In M.S.A. No.25/2023, the Court was dealing

¶40

with the question relating to the market value in respect to the land acquired under the preliminary notification dated 03.09.2009 wherein the land acquired is of the same village and the purpose of acquisition was also same. It appears that the lands bearing Sy.Nos.31/1 and 36/3 and Sy.No.79/2 are in the close vicinity. No material is placed on record to show that the lands in question in the present appeal is inferior to the land bearing Sy.No.79/2 which was the subject matter of appeal in M.S.A. No.25/2023.

¶41

Under these circumstances, the Court is of the

¶42

view that appellant is entitled to higher compensation and market share of the appellant's land is determined at Rs.45,000 per gunta with all other consequential benefits. However, as already noticed, appellant is not entitled to interest on enhanced compensation for 730 days, in view of the delay in filing the appeal.

¶43

NC: 2026:KHC:6968 MSA No. 59 of 2025

¶44