- 1 - NC: 2025:KHC:13446 MSA No. 67 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO.67 OF 2023 (LA) BETWEEN: SHANKARAIAH, S/O. N.M. DASAPPA, AGED ABOUT 47 YEARS, R/O. KAMASAMUDRA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573201. …APPELLANT (BY SRI. GIRISH. B BALADARE, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT(HNP) HASSAN-573201. 2. CHIEF ENGINEER, KAVERI NEERAVARI NIGAMA, HEMAVATHI RIVER PROJECT, GORUR, HASSAN DISTRICT. …RESPONDENTS (BY SRI. G.C. YOGISH, AGA FOR R1; SRI. K.S. BHUMAIAH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND DECREE DATED 12.09.2018 PASSED IN LAC APPEAL NO.173/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13446 MSA No. 67 of 2023 ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 10.10.2011 PASSED IN LAC NO.86/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA AND ETC. THIS APPEAL, COMING ON FOR FURTHER 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 12.09.2018 in L.A.C.(Appeal) No.173/2016 passed by the Principal District judge at Hassan and judgment and decree dated 10.10.2011 in LAC.No.86/2010 passed by the Senior Civil Judge and JMFC at Holenarasipura, seeking enhancement of compensation. 2. It is submitted that in respect of the very same acquisition, several matters are remanded for setting aside the award passed by the Reference Court. Accordingly, in the light of the same, this Court is passing the following: ORDER i. The order of the First Appellate Court dated 12.09.2018 passed in L.A.C.(Appeal) No.173/2016 by the Court of the Principal - 3 - NC: 2025:KHC:13446 MSA No. 67 of 2023 District Judge at Hassan, is set-aside and the matter is remanded 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 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 15.04.2025 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 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 the appeal shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 16