- 1 - NC: 2025:KHC:13034 MSA No. 102 of 2017 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. 102 OF 2017 (LA) BETWEEN: CHANNAMMA W/O. VEERABHSDRASHETTY, AGED ABOUT 52 YEARS, AGRICULTURIST, R/O BYLAHALLI POST AND VILLAGE, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201. …APPELLANT (BY SMT. SHARADAMBA A R., ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER H.R.P.2, OFFICE OF THE DEPUTY COMMISSIONER, 1ST FLOOR, HASSAN - 573 201. 2. MANAGING DIRECTOR M/S CAUVERI NEERAVARI NIGAMA LTD., SAPRES DABA CENTRE, 3RD AND 4TH FLOOR, ANANDARAO CIRCLE, BANGALORE - 560 009. …RESPONDENTS (BY SRI. G.C.YOGISH, AGA FOR R1 SRI. K. S. BHEEMAIAH, ADVOCATE FOR R2) THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 01.08.2017 PASSED IN LAC APPEAL NO.47/2017 ON THE FILE OF THE 5th ADDITIONAL DISTRICT AND SESSIONS JUDGE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13034 MSA No. 102 of 2017 HAS DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND AWARD DATED 30.07.2005 PASSED IN LAC NO.13/2001 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) HASSAN, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ADMISSION, 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 30.07.2005 passed in LAC.No.13/2001 by the Principal Civil Judge (Senior Division), Hassan and judgment and award dated 01.08.2017 passed in L.A.C.(Appeal) No.47/2017 by V Additional District & Sessions Court at Hassan, seeking enhancement of compensation. 2. Both the parties 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 - NC: 2025:KHC:13034 MSA No. 102 of 2017 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 appeal is allowed; (ii) The judgment and award dated 30.07.2005 passed in LAC.No.13/2001 by the Principal Civil Judge (Senior Division), Hassan and judgment and award dated 01.08.2017 passed in L.A.C.(Appeal) No.47/2017 by V Addl. District & Sessions Court at Hassan, are set-aside and the matter is remanded to the Reference Court for fresh disposal in accordance with law. (iii) The beneficiary shall be made as a party before the Reference Court. (iv) Liberty is reserved to both the parties to adduce further evidence if they are so advised, either oral, or documentary or both. (v) 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 six months thereon. (vi) All contentions of parties are kept open. - 4 - NC: 2025:KHC:13034 MSA No. 102 of 2017 (vii) Court fee paid by the claimant shall be refunded to the claimant with proper identification. (viii) Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE DS List No.: 2 Sl No.: 35 CT:SK