- 1 - NC: 2025:KHC:11868 MSA No. 143 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 143 OF 2018 BETWEEN: SMT. JAYAMMA W/O MANJEGOWDA AGED ABOUT 65 YEARS R/AT HOOVINAHALLI VILALGE KUPPALLI POST, KASABA HOBLI, HASSAN -573 217 …APPELLANT (BY SRI.HANUMANTHAPPA B., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT-II D.C., OFFICE BUILDING, HASSAN CITY, HASSAN DISTRICT-573 201 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, D.C. OFFICE, HASSAN CITY HASSAN DISTRICT-573 201 …RESPONDENTS (BY SRI. G.C.YOGESH- AGA FOR R1 & R2 SRI.PRASHANTH, ADVOCATE FOR R3) THIS MSA FILED U/S 54(2) OF THE LAND ACQUISITION ACT, 1894 AGAINST THE JUDGMENT AND AWARD DATED 12.01.2015 PASSED IN R.A.NO.418/2014 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 02.08.2005 PASSED IN L.A.C.NO.25/2001 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) HASSAN, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT FOR ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11868 MSA No. 143 of 2018 THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT The present Miscellaneous Second Appeal is filed by the claimant challenging the judgment and award dated 02.08.2005 in L.A.C.(Appeal) No.25/2001 passed by Principal Senior Civil Judge at Hassan and judgment and award dated 12.01.2015 in RA.No.418/2014 passed by the Principal District & Sessions Judge, 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 appeals 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.42/2023 and MSA.No.43/2023 dated 18.12.2024 the matter is remanded back to the trial court for fresh consideration. In light of the same, this court also deems - 3 - NC: 2025:KHC:11868 MSA No. 143 of 2018 it appropriate to allow this appeal and remand the matter to the reference court for fresh consideration. Accoridngly, this Court is passing the following: ORDER (i) The order of the First Appellate Court dated 12.01.2015 passed in RA.No.418/2014 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 shall be made as a party before the Reference Court. (iii) Liberty is reserved to both the parties to adduce further evidence 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. - 4 - NC: 2025:KHC:11868 MSA No. 143 of 2018 (vii) Accordingly, the appeal is allowed and pending IAs., shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 9