- 1 - HC-KAR NC: 2025:KHC:35443 MSA No. 33 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 33 OF 2023 (LA) BETWEEN: 1. LINGARAJAPPA @ SWAMY, DEAD BY LRS, CHANDRAMMA, W/O LATE LINGARAJAPPA @ SWAMY, AGED ABOUT 60 YEARS. 2. MAHADEVAPPA, S/O LATE LINGARAJAPPA @ SWAMY, AGED ABOUT 37 YEARS. 3. NAGARAJA, S/O LATE LINGARAJAPPA @ SWAMY, AGED ABOUT 35 YEARS. ALL ARE R/AT CHANNAPURA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 201. …APPELLANTS (BY SRI GIRISH B. BALADARE, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT(HNP) HASSAN-573 201. 2. CHIEF ENGINEER, KAVERI NEERAVARI NIGAMA, HEMAVATHI RIVER PROJECT, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35443 MSA No. 33 of 2023 GORURU, HASSAN-573 201. …RESPONDENTS (BY SRI GOPALKRISHNA SOODI, ADDITIONAL GOVERNMENT ADVOCATE FOR R1; SRI K.S.BHEEMAIAH, ADVOCATE FOR R2) THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT AGAINST THE JUDGMENT AND DECREE DATED 15.02.2022 PASSED IN LAC.APPEAL NO.25/2020 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN. ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 10.10.2011 PASSED IN LAC.91/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER 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 V SRISHANANDA ORAL ORDER Heard Sri Girish B. Baladare, learned counsel for the appellants, Sri Goplkrishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri K.S. Bheemaiah, learned counsel for respondent No.2. 2. This appeal has been filed by the appellants/claimants seeking enhancement of the compensation determined by the First Appellate Court. - 3 - HC-KAR NC: 2025:KHC:35443 MSA No. 33 of 2023 3. At the outset, Sri K.S. Bheemaiah, learned counsel for respondent No.2 would submit that the beneficiary is not made as party before the Reference Court. Therefore, the matter is to be remitted to the Reference Court for fresh disposal in accordance with law as beneficiary has a say in respect of adequate compensation and to lead necessary evidence. 4. A joint memo is filed in this regard, which reads as under: “Undersigning counsel appearing for the appellants respectfully submits that, the beneficiary is not made as a party before the reference court in view of the same matter is liable to remanded to make beneficiary as a necessary party before the reference court. TheRespondent have no objection to remit the matter and to dispose the same in accordance with law in the interest of justice and equity.” 5. Joint memo is placed on record. 6. Taking note of the fact that the beneficiary is to be made as party for proper adjudication of the adequate compensation, following order is passed: - 4 - HC-KAR NC: 2025:KHC:35443 MSA No. 33 of 2023 ORDER (i) Miscellaneous Second Appeal is allowed. (ii) The impugned award passed by the First Appellate Court as well as the Reference Court is hereby set aside. (iii) Matter is remitted to the Reference Court for fresh disposal in accordance with law, after impleading the beneficiary as a party/respondent. (iv) Either claimant or beneficiary are entitled to file necessary application before the Reference Court. (v) Appellants/claimants are entitled to place additional evidence. Beneficiary is also entitled to place evidence on record as to determination of the adequate compensation for the acquired land. (vi) Parties shall appear before the reference Court without further notice on 25.09.2025. (vii) Refund of permissible Court fee is allowed. - 5 - HC-KAR NC: 2025:KHC:35443 MSA No. 33 of 2023 (viii) In view of disposal of the appeal, all other pending applications, if any, are consigned to records. (ix) It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (V SRISHANANDA) JUDGE MR