- 1 - NC: 2025:KHC:10462 MFA No. 8546 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8546 OF 2018 (LAC) BETWEEN: 1. SRI. G. RAMAIAH SINCE DEAD BY LRS., a) SMT. LAKSHMAMMA, WIFE OF LATE B. RAMAIAH, AGED ABOUT 80 YEARS, b) SRI. R. CHANDRAPPA SON OF LATE B. RAMAIAH, AGED ABOUT 62 YEARS, c) SRI. R. KRISHNAPPA SON OF LATE B. RAMAIAH, AGED ABOUT 52 YEARS, d) SRI. B. NAGARAJ SON OF LATE B. RAMAIAH, AGED ABOUT 44 YEARS, APPELLANTS 1(a) TO (b) ARE RESIDING AT CHANAKYA LAYOUT, 3RD CROSS, NAGAWARA, BENGALURU – 560 045. e) SMT. R. JAYAMMA DAUGHTER OF LATE B. RAMAIAH, WIFE OF JAYARAMAIAH, AGED ABOUT 58 YEARS, RESIDING AT SATHANUR VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10462 MFA No. 8546 of 2018 2. SRI. B. ANJANAPPA SON OF BACHANNA, AGED ABOUT 75 YEARS, RESIDING AT NAGAVARA VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK, BENGALURU. …APPELLANTS (BY SRI. JAYAKIRTHI M.C., ADVOCATE) AND: SPECIAL LAND ACQUISITION OFFICER, INTERNATIONAL AIRPORT, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.49, 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. …RESPONDENT (BY SRI. P.V. CAHNADRASHEKAR, ADVOCATE) THIS MFA FILED U/S 54(1) OF THE LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.07.2011, PASSED IN LAC NO. 243/2006, ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-17), ALLOWING THE REFERENCE PETITION FILED U/SEC. 30 AND 31(2) OF THE LAND ACQUISITION ACT - EXCEPT IN RESPECT OF SURVEY NO. 124/1 IN LAC.NO.243/2006 BARRED BY TIME. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:10462 MFA No. 8546 of 2018 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. The appeal is filed by the claimants challenging the judgment and award dated 28.07.2011 passed in LAC No.243/2006 on the file of II Additional City Civil and Sessions Judge, Bengaluru (CCH-17) (hereinafter referred to as the 'the Trial Court' for short) so far as the claim in respect of Sy.No.124/1 measuring 0.20 guntas of land in LAC No.243/2006. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 4. The respondent herein has acquired the land of the claimants bearing Sy.No.124/01 situated at Nagavara village, Kasaba Hobli, Bengaluru North Taluk, for the - 4 - NC: 2025:KHC:10462 MFA No. 8546 of 2018 purpose of setting up of IT park along with other lands. The respondent has not disputed that the claimants in this appeal are the owners of the said land. The respondent has deposited the amount before the Reference Court regarding the making apportionment of the compensation amount and the Reference Court has allowed and granted apportionment to the respective claimants, but rejected the claim of the claimants so far as Sy.No.124/01 measuring 0.20 guntas situated at Nagavara village, Kasaba Hobli, Bengaluru North Taluk in LAC No.243/2006, for the reason that the claimants have not produced any documents to prove that they are the owners of the land bearing Sy.No.124/01. Therefore, the learned counsel for the appellants/claimants submitted that if the case be remanded to the Reference Court, then the claimants will lead evidence proving that they are the owners of the land bearing Sy.No.124/01. 5. When the SLAO has disputed the amount deposited before the Reference Court also for the land - 5 - NC: 2025:KHC:10462 MFA No. 8546 of 2018 bearing Sy.No.124/01, then it is the burden on the claimants to prove that they are owners of the land bearing Sy.No.125/01, measuring 0.20 guntas situated at Nagavara village, Kasaba Hobli, Bengaluru North Taluk. Therefore, considering these aspects, the matter is remanded to the Trial Court by setting aside the judgment and award so far as LAC No.243/2006 in respect of Sy.No.124/01 measuring 0.20 guntas of land is concerned and other observations and other directions made in the operative portion of the order is kept intact. 6. In the result, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The impugned judgment and award dated 28.07.2011 passed in LAC No.243/2011 by the II Additional City Civil and Sessions Judge, Bengaluru (CCH-17) so far as rejection of claim in respect of Sy.No.124/01 measuring 20 gunats situated at Nagavara village, Kasaba Hobli, Bengaluru North Taluk in LAC No.243/2011 is hereby set aside. - 6 - NC: 2025:KHC:10462 MFA No. 8546 of 2018 iii. The judgment and award passed by the Reference Court on other appeals and on other aspects are kept intact. iv. The matter is remanded to the Reference Court so far as LAC No.243/2006 in respect of land bearing Sy.No.124/01 measuring 0.20 guntas of land situated at Nagavara village, Kasaba Hobli, Bengaluru North Taluk. v. The claimants are given liberty to adduce evidence both oral and documentary, if they are so advised. vi. The Reference Court shall decide the case in accordance with law so far as land as above stated. vii. The claimants and SLAO are directed to appear before the Reference Court on 08.04.2025 without expecting notice form the Reference Court. viii. The Reference Court shall pass appropriate order within a period of six months form 08.04.2025. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 34