- 1 - HC-KAR NC: 2025:KHC:34990 MSA No. 73 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.73 OF 2023 (LA) BETWEEN: BASAVARAJAPPA S/O ERAPPA AGED ABOUT 74 YEARS R/O CHANNAPURA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT -573201 …APPELLANT (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT (HNP) HASSAN – 573201 2. CHIEF ENGINEER KAVERI NEERAVARI NIGAMA HEMAVATHI RIVER PROJECT (GORUR) HASSAN DISTRICT -573 201 …RESPONDENTS (BY SRI GOPALKRISHNA SOODI, AGA FOR R1; SRI B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 12.09.2018 PASSED IN LAC APPEAL NO.171/2016 ON THE FILE OF THE PRINCIPAL DISTRICT, JUDGE, HASSAN, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 10.10.2011 PASSED IN LAC NO.92/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34990 MSA No. 73 of 2023 PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SEC.18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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 appellant, Sri Goplkrishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri Prashanth B.R., learned counsel for respondent No.2. 2. This appeal has been filed by the appellant/claimant seeking enhancement of the compensation determined by the First Appellate Court. 3. At the outset, Sri Prashanth B.R., 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. - 3 - HC-KAR NC: 2025:KHC:34990 MSA No. 73 of 2023 4. Sri Girish B.Baladare, learned counsel for appellant has no objection for remitting the matter to the Reference Court. 5. A memo is filed in this regard, which reads as under: “The respondent most respectfully submit this Hon’ble Court that in the above case the beneficiary is not made party. Therefore, the above case may be remitted back to Reference Court, in the interest of equity and justice.” 6. Memo is placed on record. 7. 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: 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 - 4 - HC-KAR NC: 2025:KHC:34990 MSA No. 73 of 2023 impleading the beneficiary as a party/respondent. (iv) Either claimant or beneficiary are entitled to file necessary application before the Reference Court. (v) Appellant/claimant is 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. (viii) In view of disposal of the appeal, all other pending applications 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