- 1 - NC: 2025:KHC:10079 MSA No. 74 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. 74 OF 2023 (LA) BETWEEN: VEERAPPAJI, S/O CHANNAPPA, AGED ABOUT 67 YEARS, R/O CHANNAPURA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 201. …APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT (HNP), HASSAN - 573 201. …RESPONDENT (BY SRI. G.C. YOGISH, AGA FOR R1; SRI. K.S. BHEEMAIAH, ADVOCATE FOR PROPOSED IMPLEADING FOR R2) THIS MSA IS FILED U/S 54(2) OF THE LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.09.2018 PASSED IN LAC APPEAL NO.174/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 16.12.2011 PASSED IN LAC NO.82/2010 ON Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10079 MSA No. 74 of 2023 THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC HOLENARASIPURA PARTLY ALLOWING THE REFERENCE PETITION FILED U/S. 18(1) OF LAND ACQUISITION ACT FOR ENHANCEMENT OF COMPENSATION. 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.174/2016 passed by Principal District judge at Hassan, and judgment and award dated 16.12.2011 in LAC.No.82/2010 passed by 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 - NC: 2025:KHC:10079 MSA No. 74 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 of the First Appellate Court dated 12.09.2018 passed in L.A.C.(Appeal) No.174/2016 by the Court of the Principal 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 herein 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 parties are kept open. - 4 - NC: 2025:KHC:10079 MSA No. 74 of 2023 (vi) Court fee paid by the claimant shall be refunded to the claimant with proper identification. (vii) Accordingly, the appeal is allowed and pending IAs., shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 13 CT: BHK