IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH
DATED THIS THE 06TH DAY OF APRIL, 2021
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
M.F.A.NO.100761/2018 (LAC)
BETWEEN :

1. DODDA PHAKEERAPPA S/O BASAPPA

AGED ABOUT: 54 YEARS, OCC: AGRICULTURE,
R/O BHEEMANUR, TQ & DIST: KOPPAL.-583201.

2. HANUMAPPA S/O BASAPPA

AGED ABOUT: 52 YEARS, OCC: AGRICULTURE,
R/O BHEEMANUR, TQ & DIST: KOPPAL-583201.

3. SANNA PHAKEERAPPA S/O BASAPPA

AGED ABOUT: 51 YEARS, OCC: AGRICULTURE,
R/O BHEEMANUR, TQ & DIST: KOPPAL-583201.

4. YALLAPPA S/O BASAPPA

AGED ABOUT: 49 YEARS, OCC: AGRICULTURE,
R/O BHEEMANUR, TQ & DIST: KOPPAL-583201.
... APPELLANTS
(BY SRI B.SHARANABASAWA, ADV.)

AND :

1. THE LAND ACQUISITION OFFICER

AND ASSISTANT COMMISSIONER,
TQ & DIST: KOPPAL-583201.

2. THE EXECUTIVE ENGINEER

MINOR IRRIGATION DIVISION,
KUSHTAGI, DIST: KOPPAL-583201.
... RESPONDENTS
(BY SRI V.S.KALASURMATH, HCGP)

THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER

SECTION 5 4(1) OF THE LAND ACQUISITION ACT , 1894
AGAINST T HE JUDGMENT AND AWARD DATED 20.01.2017
PASSED IN LAC.NO.59/ 2013 BY THE SENIOR CIVIL JU DGE AT
KOPPAL .
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THIS APP EAL COM ING ON FOR ADMISSION, THIS DAY ,

THE COURT DELIV ERED TH E F OLLOWING:

: JUDGMENT :

Though this matter is listed for admission, with

the consent of learned counsel appearing for both the

counsels, the same is taken up for final disposal.

2. The captioned appeal is filed by the land

owners challenging the judgment and award passed by

the Reference Court in LAC.No.59/2013. The appellants’

land bearing Sy.No.34(34/1) measuring 1 acre 1 gunta

situated at Bhimanur village was acquired for the

purpose of construction of percolation tank at Gabbur

village in Koppal Taluk under preliminary notification

dated 11.10.2007. The Special Land Acquisition Officer

fixed the market value at Rs.34,850/- per acre.

3. Being aggrieved by the inadequate price fixed

by the Special Land Acquisition Officer, the appellants

sought reference. Before the Reference Court the

appellants led in ocular evidence and relied on

documentary evidence vide Exs.P.1 to P.32. The

reference Court having clubbed several reference

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applications has passed common order by re-fixing the

market value of Rs.2,04,767/- per acre. The present

appeal is filed seeking further enhancement of

compensation.

4. Learned counsel appearing for the appellants

have placed on record, the judgment rendered by this

Court in LAC.A.No.15/2019. Placing reliance on the said

judgment, he would submit to this Court that the lands

are acquired under the same project and under the

same notification. The market value is fixed at

Rs.3,80,000/- per acre. By relying on this judgment, he

would submit to this Court that the appellants’ land

which is identical in fertility are also entitled for the

same market value i.e., fixed by the Appellate Court in

LAC.A.No.15/2019.

5. Learned High Court Government Pleader

would submit to this Court that the State has not

preferred any appeal challenging the judgment and

award passed in LAC.A.No.15/2019.

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6. Since it is not in dispute that the subject

matter of the land covered under the present appeal

are identical and similar in nature to the lands referred

to in LAC.A.No.15/2019, I am of the view that the

appellants are also entitled to the market value fixed at

Rs.3,80,000/- per acre as awarded in

LAC.A.No.15/2019.

7. The Hon’ble Apex Court in the case of Union

of India Vs. Bal Ram and Another 1 has held that,

where similar lands are acquired under the same

project, the same market value has to be uniformly

paid, irrespective of the fact that the lands are situated

at different villages by following the principles laid

down by the Hon’ble Apex Court as stated supra, I am

of the view that, the appellants are also entitled to the

market value at the rate of Rs.3,80,000/- per acre.

Accordingly, I pass the following:

: ORDER :

a. Appeal is allowed.

1
AIR 2004 Supreme Court 3981
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b. Market value of the land bearing

Sy.No.34(34/1) measuring 1 acre 1 gunta
situated at Bhimanur village acquired in
the present case is fixed at R s.3,80,000/-
per acre.

c. The appellants are entitled for statutory

benefits, cost and interest.

d. Since the appellants are restricted her

claim at Rs.3,50,000/-, the deficient Court
fee shall be paid.

e. Office to draw award accordingly.

Sd/-
JUDGE
EM /-