- 1 - HC-KAR NC: 2025:KHC:34991 MSA No. 71 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.71 OF 2023 (LA) BETWEEN: PUTTAPPA SINCE DECEASED BY LEGAL REPRESENTATIVES 1(a) CHANNARAJAMMA W/O LATE PUTTAPPA AGED ABOUT 71 YEARS, R/O CHANNAPURA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 201. 1(b) LOKESHA S/O LATE PUTTAPPA AGED ABOUT 57 YEARS R/O CHANNAPURA VILLAGE HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573 201 1(c) GOWRAMANI W/O CHANDRASHEKAR AGED ABOUT 55 YEARS R/O HONNENAHALLI VILLAGE HALLIMUSURU HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573 201 1(d) DINESH C.P S/O LATE PUTTAPPA AGED ABOUT 50 YEARS Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34991 MSA No. 71 of 2023 R/O CHANNAPURA VILLAGE HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573 201 1(e) C.P.MAHESHA S/O LATE PUTTAPPA AGED ABOUT 47 YEARS R/O CHANNAPURA VILLAGE HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT- 573 201 …APPELLANTS (BY SRI GIRISH B BALADARE, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVIOR PROJECT (HNP), HASSAN-573201. 2. CHIEF ENGINEER KAVERI NEERAVARI NIGAMA HEMAVATHI RIVER PROJECT GORUR, HASSAN DIST-573 201 …RESPONDENTS (BY SRI GOPALKRISHNA SOODI, ADDITIONAL GOVERNMENT ADVOCATE FOR R1; SRI B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.09.2018 PASSED IN LAC APPEAL NO.170/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN. ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 10.10.2011 PASSED IN LAC NO.88/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA. PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. - 3 - HC-KAR NC: 2025:KHC:34991 MSA No. 71 of 2023 THIS APPEAL, COMING ON FOR 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. 4. Sri Girish B.Baladare, learned counsel for appellant has no objection for remitting the matter to the Reference Court. - 4 - HC-KAR NC: 2025:KHC:34991 MSA No. 71 of 2023 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 impleading the beneficiary as a party/respondent. - 5 - HC-KAR NC: 2025:KHC:34991 MSA No. 71 of 2023 (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, 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 List No.: 2 Sl No.: 0