I IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 2 ’d day of December 2011 Before THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS Miscellaneous First ADDeaI No.21940/2011 (LAC) BETWEEN: Kapil, 5/0 Pareekshitacharya Umarji, Age: 20 years, Agriculturist, Rio Badagi village, Tq: Bilagi Dist: Bagalkot. . . .Appellant (By Sri. R.D.Desai, Advocate) AND: The Special Land Acquisition Officer, U.K.P., Bilagi, Tq: Bilagi, Dist: Bagalkot. . . . .Respondent (By Sri. P.H.Gotkhindi, Govt. Advocate) This miscellaneous first appeal is filed under Section 54(1) of the Land Acquisition Act, against the judgment and award dated 05.02.2011 passed in [AC No.43912005 on the file of the Senior Civil Judge, Bilagi, partly allowing the reference petition for compensation and seeking enhancement of compensation.r :2: This appeal coming on for admission this day, the court delivered the following: JUDGMENT The appellant lost lands to an extent of nearly 10 acres 6 guntas of Sy. No.118/I situated at Badagi village in Bilagi Taluq of Bagalkot District for Upper Krishna Project in the year 1999. The Land Acquisition Officer determined the market value at ?34,095/- per acre for dry lands. The Reference Court in LAC No.439/2005 determined the market value at ?1 ,80,000/- per acre and held that the land in question are wept lands to an extent of 9 acres 30 guntas. The Reference Court further held that 16 guntas of land is groundnut growing area though it is wet land. The appellant is before this Court being not satisfied with the impugned award. 2. Shri. R.D.Desai, learned counsel for the appellant brought to my notice that a Division Bench of this Court by order dated 8 th January 2008 in MFA No.435/2005 and connected matters, determined the market value of the sugarcane growing area at Z2.35.000/- per acre in respect of r :3: the land situated in the adjoining village and under the same acquisition notification. Learned Government Advocate has not disputed this fact. In the circumstances, the appellant is also entitled for the benefit as awarded by this Court in M.F.A. No.435/2005 and connected matters. 3. It is seen from the record that the land in question is in Sy.No.1 18/1 measuring in all 10 acres 6 guntas. The Reference Court held that the entire land is wet land, but the Reference Court treated 16 guntas of land is groundnut growing area. There is no impediment for the appellant to grow sugarcane also in these 16 guntas of land. Because of the reason that in a particular year the groundnut is grown to an extent of 16 guntas, it cannot be said that it is not fit for growing sugarcane. Therefore. the entire extent of land is to be treated as sugarcane growing area. 4. For the reasons stated above, the following: ORDER (i) The appeal is hereby allowed. S :4: (ii) The impugned award dated 05.02.2011 in LAC No.43912005 passed by the Senior Civil Judge, Bilagi, is hereby modified declaring that the market value of the land in question at !2,35,000I- per acre. (iii) Appellant is entitled for proportionate costs and statutory benefits. 3d!- JUDGE Kms