- 1 - NC: 2025:KHC:10044 MSA No. 63 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 63 OF 2023 (LA) BETWEEN: 1. SRI. CHIKKANNA S/O SRI. SANNARAMAIAH, AGED ABOUT 45 YEARS, 2. SRI. DODDARAMAIAH, S/O SRI. SATHIGAPPA, AGED ABOUT 40 YEARS, 3. SRI. CHIKKARAMAIAH S/O SRI. SATHIGAPPA AGED 43 YEARS, R/AT RAMEGOWDANAPALYA VILLAGE, HEBBUR HOBLI, TUMAKURU TALUK AND DISTRICT – 572 101 …APPELLANTS (BY SRI. MOHAN KUMAR T., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL ZONE, KUNIGAL ROAD, TUMAKURU – 572 101 2. THE CHIEF ENGINEER, HEMAVATHI CANAL ZONE, KUNIGAL ROAD, TUMAKURU – 572 101 …RESPONDENTS (BY SRI.YOGISH G.C., AGA FOR R1 SRI.PRASHANTHA, ADVOCATE FOR R2) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10044 MSA No. 63 of 2023 THIS MSA FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 26.11.2019 PASSED IN RA.NO.187/2018 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, TUMAKURU, PARTLY ALLOWING THE APPEAL AND MODIFYING JUDGMENT DATED 11.01.2016 PASSED IN LAC NO.8/1999 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18 OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT This Miscellaneous Second appeal is filed by the claimants challenging the judgment and award dated 11.01.2016 in L.A.C.No.8/1999 passed by the Additional Senior Civil Judge & CJM, Tumakuru and the judgment and award dated 26.11.2019 in RA.No.187/2018 passed by the VII Additional District Judge, Tumakuru, seeking enhancement of compensation. 2. Learned counsel appearing for the appellants submits that in respect of the similar acquisition, already in the connected matters order was set aside and the matters were remanded back to the Reference Court for consideration. While remanding the matter, the Co-ordinate Bench of this Court had permitted the appellant to make the second respondent as a party before the Reference Court. - 3 - NC: 2025:KHC:10044 MSA No. 63 of 2023 3. Considering the order passed by the Co-ordinate bench of this Court in M.S.A.No.68/2023 arising out of the very same land acquisition proceedings, this Court is passing the following: ORDER i. The order dated 11.01.2016 in L.A.C.No.8/1999 passed by the Additional Senior Civil Judge & CJM, Tumakuru, is set-aside and the matter is remanded back to the Reference Court for fresh disposal in accordance with law. ii. Beneficiaries shall be made as a party before the Reference Court. iii. Liberty is reserved to both the parties to adduce evidence in further if they are so advised, either oral, documentary or both. iv. All the parties shall appear before the Reference Court on 03.04.2025 without further notice and the Reference Court shall decide the case and pass appropriate orders within a period of six months from thereon. v. All contentions of the parties are kept open. - 4 - NC: 2025:KHC:10044 MSA No. 63 of 2023 vi. Court fee paid by the claimants shall be refunded to the claimants with proper identification. vii. Accordingly, the appeal is allowed. viii. All I.As. in this appeal shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 27