- 1 - NC: 2025:KHC:11725 MFA No. 11095 of 2006 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 11095 OF 2006 (LAC) BETWEEN: 1. NANJAPPA SINCE DEAD BY LR'S SHIVAPPA N. S/O LATE NANJAPPA, AGED ABOUT 65 YEARS, 2. BASAVARAJ B.N. S/O LATE NANJAPPA, AGED ABOUT 60 YEARS, 3. HARISH B.N. S/O LATE NANJAPPA, AGED ABOUT 58 YEARS, 4. GANGAMMA D/O LATE NANJAPPA, AGED ABOUT 55 YEARS, 5. MANJULA D/O LATE NANJAPPA, AGED ABOUT 53 YEARS, 6. CHANDRAPPA S/O LATE NANJAPPA, AGED ABOUT 50 YEARS, 7. SHIVAKUMAR S/O LATE NANJAPPA, AGED ABOUT 48 YEARS, ALL ARE R/AT BYADARAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TQ. AND DISTRICT. …APPELLANTS (BY SRI. NARENDRA GOWDA, ADV. FOR APPELLANTS.) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11725 MFA No. 11095 of 2006 AND: 1. THE LAND ACQUISITION OFFICER, AND ASSISTANT COMMISSIONER, HASSAN SUB DIVISION, HASSAN-573201. 2. EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT HASSAN-573201 …RESPONDENTS (BY SMT. RANSA VASANTHI, HCGP) [CAUSE TITLE AMENDED VIDE COURT ORDER DATED: 31.08.2023 AND 11.12.2023.] THIS MFA IS FILED U/S.54(1) OF LA ACT AGAINST THE JUDGMENT AND AWARD DATED 24/12/2005 PASSED IN LAC NO.55/96 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE(SD) HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The claimant has preferred this appeal challenging the judgment and award passed in LAC No.55/1996 dated 21.12.2025 on the file of the learned Prl.Civil Judge (Sr.Dvn.), Hassan. 2. The appellant/claimant is the owner of the scheduled land, was acquired for the purpose of widening of - 3 - NC: 2025:KHC:11725 MFA No. 11095 of 2006 road in Sy.No.13 of Byadarahalli village, Kattaya Hobli, Hassan Taluk, under the notification dated 25.10.1993. Thereafter, the State Land Acquisition Officer visited the spot and awarded compensation of Rs.17,000/- per acre. After reference submitted to the reference Court, the reference Court has enhanced compensation and determined at Rs.20,000/- per acre. Being aggrieved by the lesser amount of compensation determined, complainant has preferred this appeal. 3. Before the reference Court, the claimant adduced oral evidence but has not produced any documentary evidence. Therefore, the reference Court has enhanced to Rs.20,000/- per acre. 4. Learned counsel for the appellant/claimant submitted that on similarly situated land owners, as that of the appellant/claimant herein, in L.A.C.Appeal No.8/2017, before the V Additional District and Sessions Court, Hassan, it was awarded Rs.2,61,000/- per acre. 5. It is submitted in the above said case also, the claimant's land was similarly situated in the same Byadarahalli village, acquired for Hemavathi reserve project. It is submitted that though, for different purposes, the land of the claimant are - 4 - NC: 2025:KHC:11725 MFA No. 11095 of 2006 acquired, both are standing in the common pedestal area, that they are land losers. Hence, prays to enhance compensation, as awarded in L.A.C.Appeal No.8/2017. 6. Though the land in this case and lands in L.A.C.Appeal No.8/2017 are situated in Byadarahalli village, but the compensation to be determined on the nature of land, the situation of land from the distance of the village potentiality of land, yield bearing etc. All these factors are to be counted for determining compensation. But the claimant has not adduced any evidence except leading oral evidence. Therefore, the Court is of the opinion to give one more chance to appellant/claimant to lead evidence, enabling the Court to make proper determination of the compensation. Hence, the matter is required to be remanded to the reference Court by setting aside the impugned judgment and award passed by the Civil Court. Hence, I proceed to pass the following; ORDER i. The appeal is allowed. ii. The order dated 24.12.2005 passed in L.A.C.No.55/1996 by the Court of Prl.Civil Judge (Sr.Dvn.), Hassan, is hereby set aside. - 5 - NC: 2025:KHC:11725 MFA No. 11095 of 2006 iii. The matter is remanded to reference Court for fresh consideration in accordance with law. iv. Both the parties are at liberty to adduce evidence, if they are so adviced either oral or documentary or both. v. Both the parties shall appear before the reference court on 15.04.2025, without expecting further notice from the Trial Court. vi. The reference Court shall dispose of the matter within a period of 6 months from 15.04.2025, for which, both the parties shall co-operate with the Court, for final disposal. vii. All the contentions are left open. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BH List No.: 1 Sl No.: 24