- 1 - NC: 2025:KHC:13681 MSA No. 183 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 183 OF 2024 (LA) BETWEEN: SRI. SOMASHEKARAIAH S/O LATE CHANNAPPA AGED ABOUT 72 YEARS, R/AT CHANNAPURA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DIST-573 211 …APPELLANT (BY SRI. MANOJ KUMAR J.Y., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT (HNP) D.C. OFFICE BUILDING HASSAN-560 058 2. CHIEF ENGINEER KAVERI NEERAVARI NIGAMA HEMAVATHI RIVER PROJECT, GORUR HASSAN DISTRICT-573 201 …RESPONDENTS (BY SRI.G.C.YOGISH, AGA FOR R1 SRI.B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT, AGAINST THE ORDER DATED 24.09.2018 PASSED IN LAC(APPEAL) NO.183/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED: 28.09.2011 PASSED IN LAC.38/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SEC.18(1) OF LAND ACQUISITION ACT. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13681 MSA No. 183 of 2024 THIS APPEAL, COMING ON FOR FINAL HEARING, 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 claimants challenging the judgment and award dated 24.09.2018 in L.A.C.(Appeal) No.183/2016 passed by Prl. District & Sessions Judge, Hassan and judgment and award dated 28.09.2011 in LAC.No.38/2011 passed by the Senior Civil Judge and JMFC, 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 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.68/2023 arising out of the very same land acquisition proceedings, this Court is passing the following: - 3 - NC: 2025:KHC:13681 MSA No. 183 of 2024 ORDER (i) The order of the First Appellate Court dated 24.09.2018 in L.A.C.(Appeal) No.183/2016 passed by Prl. District & Sessions Judge, 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 10.06.2025 without further notice and the Reference Court shall decide the case and pass appropriate orders within 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:13681 MSA No. 183 of 2024 (vii) Accordingly, the appeal is allowed and all pending IAs., shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 6