- 1 - HC-KAR NC: 2025:KHC:38345 MSA No. 59 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL No.59 OF 2018 BETWEEN: DUSHYANTH KUMAR S/O H.S.NINGAPPA AGED ABOUT 61 YEARS ECHALAHALLI GRAMA KANDALI POST, KASABA HOBLI HASSAN TALUK …APPELLANT (BY SRI NITIN PRASAD, ADVOCATE) AND: 1. CHIEF SECRETARY GOVERNMENT OF KARNATAKA SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PLANNING-2 (H.R.P-II) D.C.OFFICE COMPLEX HASSAN-573 201 2. CAUVERY NEERAVARI NIGAMA LIMITED SURFACE WATER DATA ANAND RAO CIRCLE DIRECTORATE OF MEDICAL EDUCATION SESHADRI ROAD, LAKSHMAN PURI GANDHI NAGAR BENGALURU-560 001 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI GOPALAKRISHNA SOODI, AGA FOR R1; SRI B.R.PRASHANTH, ADVOCATE FOR R2) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38345 MSA No. 59 of 2018 THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 16.12.2013 PASSED IN RA NO.261/2013 ON THE FILE OF THE PRL. DISTRICT JUDGE, HASSAN, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 12.8.2013 PASSED IN LAC NO.182/2011 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, HASSAN ALLOWING THE PETITION FILED UNDER SECTION 18(1) OF THE LA ACT THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri Nitin Prasad, learned counsel for the appellant, Sri Gopalakrishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri B.R.Prashanth, learned counsel for the respondent No.2. 2. Claimant’s Second Appeal challenging the quantum of compensation for the acquired land for the purpose of Yagachi Reservoir Project. Claimant is the land loser. In view of increase in the height of the reservoir, claimant’s land got submerged in the back water. 3. The Reference Court and the First Appellate Court have re-assessed the compensation. As per the Order of the First Appellate Court, the land value is fixed at Rs.20,000/- per - 3 - HC-KAR NC: 2025:KHC:38345 MSA No. 59 of 2018 gunta as against Rs.10,000/- fixed by the Reference Court for the acquired land. 4. Being further aggrieved by the same, claimant is before this Court. 5. Pertinently, the beneficiary was not made as party before the Reference Court as the law existed then, did not contemplate impleading the beneficiary as party to the proceeding. However, before this Court, an application came to be filed by the claimant for impleading the beneficiary as party. 6. Sri B.R.Prashanth, learned counsel for the respondent No.2/beneficiary contended that since there was no fair opportunity granted, in the absence of beneficiary being party to the proceeding, award passed by the Reference Court and the First Appellate Court may be set-aside and the matter may be remitted to the Reference Court for fresh adjudication permitting the beneficiary to place necessary material on record and also place oral and documentary evidence on record. 7. Taking note of the fact that the claimant is seeking Rs.1,00,000/- per gunta based on the acquisition of land of - 4 - HC-KAR NC: 2025:KHC:38345 MSA No. 59 of 2018 similarly placed claimants of the adjacent village, it is just and necessary to set-aside the Order of the First Appellate Court and the Reference Court and remit the matter to the Reference Court for fresh disposal, in accordance with law. 8. Sri Nitin Prasad, learned counsel for the appellant/ claimant further submits that taking note of the fact that acquisition is of the year 2006, Reference Court may be directed to expedite the matter. His submission is recorded. 9. Hence, the following: ORDER (i) Appeal is allowed. (ii) Consequently, award passed by the Reference Court and the First Appellate Court is hereby set-aside. (iii) To afford proper and fair opportunity for the beneficiary, matter is remitted to the Reference Court for fresh disposal in accordance with law. (iv) It is made clear that this Court has not expressed any opinion on the merits of the matter and parties are at liberty to place - 5 - HC-KAR NC: 2025:KHC:38345 MSA No. 59 of 2018 additional evidence on record to advance their respective contentions. (v) Beneficiary being impleaded as party respondent before this Court, shall automatically be impleaded before the Reference Court, without insisting for filing an application in this regard, and beneficiary shall contest the matter by filing necessary application on the next date of hearing. (vi) Taking note of the fact that acquisition is of the year 2006, Reference Court is hereby directed to expedite the matter as early as possible and in that regard, parties shall appear before the Reference Court without further notice, on 15th October 2025. (vii) Needless to emphasize that parties shall co- operate for early disposal of the reference application. (viii) Refund of permissible Court Fee is allowed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 83