- 1 - HC-KAR NC: 2025:KHC:44773 MSA No. 32 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA MISCELLANEOUS SECOND APPEAL NO. 32 OF 2022 (LA) BETWEEN: S.T. THIRUVENKATESH S/O THIMMAPPAIAH AGED ABOUT 61 YEARS R/AT JANAKADEVANA HALLI KADABA HOBLI GUBBI TALUK-572 219 TUMKUR DISTRICT. …APPELLANT (BY SRI: M C BASAVARAJU, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL ZONE TUMKUR-572 101. 2. ASSISTANT EXECUTIVE ENGINEER HEMAVATHI CANAL ZONE KADABA-572 219 GUBBI TALUK, TUMKUR DISTRICT. 3. EXECUTIVE ENGINEER HEMAVATHI CANAL ZONE GUBBI-572 216 TUMKUR DISTRICT. 4. CHIEF ENGINEER HEMAVATHI CANAL ZONE TUMKUR-572 101. …RESPONDENTS (BY SRI: K S BHEEMAIAH, ADVOCATE FOR R2 TO 4 SRI: GOPALAKRISHNA SOODI, AGA FOR R1) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44773 MSA No. 32 of 2022 THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED 07.03.2019 PASSED IN RA.NO.195/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 18.07.2012 PASSED IN LAC NO.570/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUBBI, PARTLY ALLOWING THE REFERENCE PETITION. THIS MSA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL JUDGMENT The appellant being the claimant is impugning the judgment dated 18.07.2012 passed in LAC No.570 of 2006 on the file of the learned Senior Civil Judge and JMFC, Gubbi and also the judgment dated 07.03.2019 passed in RA No.195 of 2018 on the file of the learned II Additional District Judge, Tumakuru and to award just compensation. 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court. 3. Facts of the case in brief is that, the land bearing Sy.No.8 measuring 24 guntas along with 17 coconut trees, 1 jali tree situated at Janakadevana Halli, Kadaba Hobli, Gubbi - 3 - HC-KAR NC: 2025:KHC:44773 MSA No. 32 of 2022 Taluk, Tumakuru District belonging to the appellant/claimant was acquired for the purpose of Hemavathi Canal by issuing preliminary Notification dated 02.07.1998. Final Notification was issued on 18.11.1999. The Land Acquisition Officer passed the award by fixing the compensation at Rs.1,500/- per gunta. Not being satisfied with the same, claimant sought for reference. Accordingly, Reference Court held enquiry in LAC No.570 of 2006. The claimant examined PW1 and got marked Exs.P1 to P11. 4. On the basis of materials that are placed before the Court, it has fixed the compensation at Rs.38,400/- for 24 guntas. Being aggrieved by the same, the claimant has preferred RA No.195 of 2018. The First Appellate Court on re- appreciation of the materials on record, awarded compensation of Rs.4,781/- per gunta along with Rs.13,500/- per coconut tree. The claimant is challenging the award passed by the Reference Court as well as by the First Appellate Court. 5. Heard Sri M C Basavaraju, learned counsel for the appellant, Sri Goplalakrishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri K S - 4 - HC-KAR NC: 2025:KHC:44773 MSA No. 32 of 2022 Bheemaiah, learned counsel for respondent Nos.2 to 4. Perused the materials on record. 6. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: "Whether the appellant has made out any grounds to remand the matter back to Reference Court?" My answer to the above point is in the 'Negative' for the following: REASONS 7. The contention of learned counsel for the claimant that the matter is to be remanded back to the Reference Court, as the claimant wants to produce some more materials before the Reference Court seeking enhancement of compensation, cannot be accepted as absolutely, no materials are placed before this Court seeking to enhance the compensation that was awarded by First Appellate Court. In the absence of any materials, I do not find any merits in the contention taken by the learned counsel for the appellant either to interfere with the - 5 - HC-KAR NC: 2025:KHC:44773 MSA No. 32 of 2022 impugned judgment and award passed by the First Appellate Court or to remand the matter for Reference Court for fresh consideration, that too, when no such grounds are made out either to allow the appeal or to remand the matter to the Trial Court by setting aside the impugned judgment. 8. In view of the above, I answer to the above point in the negative and proceed to pass the following: ORDER Appeal is dismissed with costs. SD/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 46