- 1 - HC-KAR NC: 2025:KHC:39288 MFA No. 4793 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4793 OF 2022 (LAC) BETWEEN: MUDALAGIRIAIAH S/O. SIDDAIAH AGED ABOUT 56 YEARS R/O DUNDANAGANAHALLI VILLAGE KATTAYA HOBLI, HASSAN TALUK HASSAN DISTRICT- 573 201 …APPELLANT (BY SMT. KAVITHA H. C., ADVOCATE) AND: STATE OF KARNATAKA REP BY SPECIAL LAND ACQUISITION OFFICER HRP- 2 HASSAN-573201 …RESPONDENT (BY SRI. GOPAL KRISHNA SOODI, AGA) THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DT.03.08.2015 PASSED IN LAC NO.311/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, PARTLY ALLOWING THE REFERENCE PETITION U/S.18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39288 MFA No. 4793 of 2022 ORAL JUDGMENT The claimant, who is the landowner, has lost the land under acquisition initiated by the respondent herein and has been awarded compensation of an amount of Rs.20,500/- per gunta and is before this Court, being dissatisfied with the quantum of compensation awarded. 2. The land was acquired for Yagachi Reservoir Project on behalf of the Cauvery Neeravari Nigama Limited, Bengaluru. This Cauvery Neeravari Nigama Limited is beneficiary of the land acquisition but is not made a party before the Reference Court. 3. This Court in catena of decisions held that beneficiary is the necessary party while determining the compensation and one such appeal is M.S.A. No.65/2022 dated 13.12.2024 passed by this Court in remanding the matter to the Reference Court for fresh disposal after getting implead the beneficiary. - 3 - HC-KAR NC: 2025:KHC:39288 MFA No. 4793 of 2022 4. Therefore, in the present case also the beneficiary is not made as party. Therefore, the appeal is required to be remanded to the Reference Court. Accordingly, this Court is passing the following: ORDER i) The appeal is allowed. ii) The order dated 03.08.2015 passed in L.A.C.No.311/2014 by the II Additional Senior Civil Judge and JMFC, Hassan, is hereby set aside and the matter is remanded to the Reference Court for fresh disposal after getting impleadment of the beneficiary in the LAC case before the Reference Court. iii) Liberty is reserved to both the parties to adduce evidence in further if they are so advised, either oral, documentary or both. iv) The Reference Court after getting impleament of the beneficiary, shall decide the case and pass appropriate orders in accordance with law as expeditiously as possible. v) All contentions of parties are kept open. - 4 - HC-KAR NC: 2025:KHC:39288 MFA No. 4793 of 2022 vi) Court fee paid by the claimant in this appeal shall be refunded to the claimant with proper identification. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 36