- 1 - NC: 2025:KHC:15579 MSA No. 70 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 70 OF 2023 (LA) BETWEEN: YOGANNA DEAD BY LRS SHIVAMMA W/O LATE YOGANNA, AGED ABOUT 55 YEARS, R/O CHANNAPURA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 201 …APPELLANT (BY MS.ANUPAMA D.A., ADVOCATE FOR SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT (HNP) HASSAN-573 201 2. CHIEF ENGINEER, KAVERI NEERAVARI NIGAM HEMAVATHI RIVER PROJECT, GORUR HASSAN-573 201 …RESPONDENTS (BY SRI.G.C.YOGISH, AGA FOR R1 SRI B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 17.11.2018 PASSED IN LAC APPEAL NO.197/2016 ON THE FILE OF THE PRINCIPAL DISTRICT, JUDGE, HASSAN, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 10.10.2011 PASSED IN LAC NO.83/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SEC.18(1) OF LAND ACQUISITION ACT. Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15579 MSA No. 70 of 2023 THIS APPEAL, COMING ON FOR ORDERS, 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 claimant challenging the judgment and award dated 17.11.2018 passed in L.A.C.Appeal.No.197/2016 on the file of the Principal District Judge at Hassan, and judgment and decree dated 10.10.2011 passed in L.A.C.No.83/2010 on the file of the Senior Civil Judge at Holenarasipura, seeking enhancement of compensation. 2. Learned counsel appearing for the appellant submits that in respect of the similar acquisition, in the connected matters already the order of the Reference Court is set aside and the matters are remanded back to the Reference Court for fresh consideration. While remanding the matter, the Co-ordinate Bench of this Court had permitted the appellant to make the beneficiary as a party before the Reference Court. 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: - 3 - NC: 2025:KHC:15579 MSA No. 70 of 2023 ORDER i. The judgment and award dated 17.11.2018 passed in L.A.C.Appeal.No.197/2016 on the file of the Principal District Judge at Hassan, is set- aside and the matter is remanded back to the Reference Court for fresh disposal in accordance with law. ii. The beneficiary shall be made as a party before the Reference Court. iii. Liberty is given to both the parties to adduce evidence if they are so advised, both oral and documentary. iv. All the parties shall appear before the Reference Court on 10.06.2025 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 parties are kept open. vi. Court fee paid by the claimant shall be refunded to the claimant with proper identification. vii. Accordingly, the appeal is allowed. viii. All IAs. in this appeal shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG, List No.: 1 Sl No.: 29