- 1 - HC-KAR NC: 2025:KHC:40577 WP No. 30134 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 30134 OF 2025 (LA-RES) BETWEEN: SRI. SHIVANNA H B. S/O BORAIAH @ MOTAIAH, AGED ABOUT 75 YEARS, REPRESENTED BY HIS G P A HOLDER, SRI SHYAM PRASAD H S, S/O SHIVANNA H B, AGED ABOUT 39 YEARS, R/AT HULIVANA VILLAGE, KERAGODU-2 HOBLI, MANDYA TALUK AND DISTRICT- 571 446 …PETITIONER (BY SRI. HARSHA B., ADVOCATE) AND: THE ASSISTANT COMMISSIONER (LAND ACQUISITION), BENGALURU SUB DIVISION, PROJECT ENFORCEMENT WING, KARNATAKA STATE HIGH WAY DEVELOPMENT AUTHORITY, CRESCENT TOWERS, CELLAR FLOOR, BY THE SIDE OF MALLIGE NURSING HOME, CRESCENT ROAD, BENGALURU- 560 011. …RESPONDENT (BY SRI. HARISHA.A.S., AGA) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40577 WP No. 30134 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.09.2025 PASSED BY THE COURT BELOW i.e., II ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA IN LAC No.27/2023 AS PER ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for the respondent. 2. The petitioner has approached this Court in this petition seeking to quash the order dated 04.09.2025 passed by the II Additional District and Sessions Judge, Mandya (for short 'Trial Court') in LAC.No.27/2023. By the impugned order, the trial Court held that the "time is granted subject to the condition that in the event of enhancement of compensation, the petitioner will not be - 3 - HC-KAR NC: 2025:KHC:40577 WP No. 30134 of 2025 entitled for interest on the enhanced compensation amount". 3. Heard the learned counsel for the petitioner and learned Addl. Government Advocate appearing for the respondent. 4. Learned counsel for the petitioner submits that: i. On 01.08.2025, an application under Order III Rule 2-A read with Section 151 of CPC was filed to permit the petitioner to prosecute the matter through the power of attorney. ii. The said application was allowed, and the petitioner was permitted to prosecute the matter through power of attorney after production of the original document and thereafter, matter was listed for petitioner's evidence on 04.09.2025. iii. On that date, the petitioner and the GPA holder could not attend the Court. - 4 - HC-KAR NC: 2025:KHC:40577 WP No. 30134 of 2025 iv. The Trial Court, while granting time, imposed a harsh condition that if the compensation is enhanced, the petitioner would not be entitled to interest on the enhanced amount. v. It is contended that such a condition is unsustainable, harsh on land losers, and contrary to the settled principles of law laid down by the Apex Court, as interest on enhanced compensation is a statutory entitlement under the Land Acquisition Act, 1894 (‘LA Act, 1894’ for short) and cannot be curtailed in this manner. 5. Learned Addl. Government Advocate supports the order passed by the Trial Court and submits that sufficient opportunity was already provided to the petitioner. 6. Having considered the rival contentions and perused the material on record, this Court finds that: i. The permission to prosecute through GPA Holder was granted on 01.08.2025. - 5 - HC-KAR NC: 2025:KHC:40577 WP No. 30134 of 2025 ii. On 04.09.2025, when the matter was listed for evidence, neither the petitioner nor the GPA holder appeared. iii. The Trial Court, while granting time, imposed a condition depriving the petitioner of statutory interest on the enhanced compensation, which is wholly unsustainable. 7. This Court is of the considered view that the interest under Sections 28 and 34 of the LA Act, 1894 is a statutory right accruing to a land losers and cannot be made conditional or forfeited merely for non-appearance on a single occasion. At the most, the Court could have imposed a cost for default and proceeded further. The impugned order, therefore, suffers from legal infirmity and warrants interference and this Court pass the following: ORDER i) The writ petition is allowed. - 6 - HC-KAR NC: 2025:KHC:40577 WP No. 30134 of 2025 ii) The impugned order dated 04.09.2025 passed by the II Additional District and Sessions Judge, Mandya in LAC.No.27/2023 is set aside. iii) The said order is replaced by a direction that the petitioner shall pay cost of ` 1,000/- to the Karnataka State Legal Services Authority. iv) LAC No.27/2023 is listed on 15.10.2025. The Trial Court to grant the petitioner sufficient and reasonable opportunity to lead his evidence and further evidence, if required, subject to payment of cost as ordered. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 22