- 1 - HC-KAR NC: 2025:KHC:35369-DB MFA No. 6856 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 6856 OF 2022 (LAC) BETWEEN: SHANMUKAPPA, S/O GOWRAMMA AGED ABOUT 62 YEARS BETTATHAVAKERE VILLAGE AMRUTHPURA HOBLI, TARIKERE TALUK. …APPELLANT (BY SRI M. NARAYANA BHAT, ADV.) AND: 1. THE ASSISTNAT COMMISSIONER/LAND ACQUISITION OFFICER UPPRE BHADRA PROJECT TARIKERE - 577 228. 2. THE ASSISTANT EXECUTIVE ENGINEER UPPRE BHADRA PROJECT TARIKERE - 577 228. …RESPONDENTS (BY SRI B.R. PRASHANTH, ADV., FOR R-1 & R-2) THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.02.2021 PASSED IN LAC.NO. 5/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF THE LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35369-DB MFA No. 6856 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This appeal is filed challenging the judgment and award passed by the learned Senior Civil Judge and Principal JMFC., Tarikere (referred to as "the Reference Court", for brevity) in LAC No.5/2013 and seeking enhancement. 2. The case of the appellant - land owner is that a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 ("the Act", for brevity) was issued notifying several lands including the lands of the appellant- landowners situated in Bettathavarekere village for Upper Bhadra Project and a final declaration was also issued. 3. The respondent - Special Land Acquisition Officer passed an award under Section 11 of the Act awarding compensation. Being dissatisfied by the said award, appellant-landowner sought reference before the Reference Court under Section 18 of the Act seeking enhancement of compensation in respect of land, trees as well as yield of trees. - 3 - HC-KAR NC: 2025:KHC:35369-DB MFA No. 6856 of 2022 4. Thereafter, the Reference Court, having recorded the evidence, has awarded statutory benefits without enhancing the compensation as provided under Section 23(1) of the Act. 5. Being dissatisfied with the award of compensation by the Reference Court as aforesaid, the appellant-land owner is before this Court in this appeal. 6. We have heard the learned counsel for the appellant-landowner and the learned counsel for the respondents. 7. Learned counsel for the appellant-landowner contended that though the landowner was entitled for enhancement of compensation, the Reference Court has only awarded the statutory benefits without providing enhancement under Section 23(1) of the Act. It is also contended that by inadvertence, the appellant was unable to file the relevant documents before the Reference Court. However, he has filed I.A.No.1/2024 seeking production of additional documents and prays to provide an opportunity - 4 - HC-KAR NC: 2025:KHC:35369-DB MFA No. 6856 of 2022 to place those documents before the Reference Court and lead evidence to prove the same. Accordingly, he prays to set aside the award and to remit the matters to the Reference Court for fresh consideration. 8. The said application was opposed by the learned counsel for the respondents stating that the Reference Court, after meticulously examining the oral and documentary evidence placed before it, has rightly awarded the compensation and as such, no additional documents be permitted to be taken on record. Accordingly, they pray to dismiss the aforesaid application and consequently, to dismiss the appeal. 9. It could be gathered from records that the other land owners of Bettathavarekere village, whose lands were acquired for the similar purpose have challenged the award before the Reference Court in different LAC numbers. Among those cases, in LAC.Nos.2/2013, 10/2013, 14/2013, 9/2013, 15/2013, 18/2013, 12/2013, 6/2013, 17/2013, 5/2013, 19/2013 and 30/2014, the - 5 - HC-KAR NC: 2025:KHC:35369-DB MFA No. 6856 of 2022 Reference Court has enhanced the compensation awarded by the SLAO by considering the documents and evidence placed by the landowners. Those awards were challenged by the beneficiary i.e., Visveswaraya Jala Nigam Limited in MFA No.6332/2021 & connected matters before the learned Single Judge of this Court, wherein the awards passed by the Reference Court have been upheld by the learned Single Judge by dismissing the said appeals. The said judgment was affirmed by the Hon'ble Apex Court in SLP (C)Nos.11779-11790/2025 vide order dated 02.05.2025. The Visveswaraya Jala Nigam Limited also challenged the other bunch of reference cases in LAC Nos.16/2013, 7/2013, 21/2013, 8/2013, and 31/2014 before this Court in MFA No.6338/2021 & connected matters challenging the enhancement of compensation by the Reference Court. However, the said appeals were dismissed by this Court vide order dated 29.08.2025. 10. On perusal of the documents, it is seen that the Reference Court has not enhanced the compensation other than the statutory benefits under Section 23(1) of the Act. - 6 - HC-KAR NC: 2025:KHC:35369-DB MFA No. 6856 of 2022 The reasons assigned by the Reference Court for not enhancing the compensation under the said head was that the landowner failed to place the relevant documents to substantiate that his land valued more than what has been awarded by the SLAO. 11. Now that the appellant-landowner has filed I.A.No.1/2024 under Order XLI Rule 19 read with Section 151 of CPC seeking to produce the additional documents. 12. Since this Court has already affirmed the enhancement of award made by the Reference Court in the aforesaid LACs and that in the LAC under this appeal, the Reference Court has not enhanced the compensation as aforesaid for the reason that the appellant-landowner has failed to produce documents to substantiate the value of his land, we are of the view that an opportunity deserves to be extended to the appellant-landowner to produce the additional documents and lead evidence to that effect. Accordingly, we allow the application filed by - 7 - HC-KAR NC: 2025:KHC:35369-DB MFA No. 6856 of 2022 the appellant-landowner. Consequently, we pass the following: ORDER i) The appeal is allowed. ii) The judgment and award passed in LAC No.5/2013 by the Reference Court is set aside and the said LAC is remanded to the Reference Court for fresh consideration. iii) The parties are directed to be present before the Reference Court on 08.10.2025 without expecting any further notice from the Reference Court. iv) The appellant is permitted to produce the additional documents and lead additional evidence before the Reference Court. v) The respondents are also at liberty to produce additional documents and lead evidence. vi) The Court fee shall be refunded to the appellant-landowner as provided under Section 64 of the Karnataka Court Fees and Suits Valuation, Act. - 8 - HC-KAR NC: 2025:KHC:35369-DB MFA No. 6856 of 2022 vii) All contentions of both the parties are kept open. viii) The Reference Court is directed to dispose off the matters as early as possible and in accordance with the Karnataka (Case Flow management in Subordinate Courts) Rules, 2005. The Registry is directed to return the original records, if any, to the concerned Reference Court forthwith, along with the certified copy of this judgment. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 41