- 1 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 6829 OF 2022 (LAC) C/W MISCELLANEOUS FIRST APPEAL NO. 2271 OF 2022 MISCELLANEOUS FIRST APPEAL NO. 2329 OF 2023 MISCELLANEOUS FIRST APPEAL NO. 2371 OF 2023 IN MFA No. 6829/2022 BETWEEN: B.H LOKESHAPPA S/O HOLEYAPPA AGED ABOUT 52 YEARS BETTATHAVAREKERE VILLAGE AMRUTHPURA HOBLI, TARIKERE TALUK …APPELLANT (BY SRI. M. NARAYANA BHAT, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER/ LAND ACQUISITION OFFICER UPPER BHADRA PROJECT, TARIKRE-577 228. 2. THE ASSISTANT EXECUTIVE ENGINEER UPPER BHADRA PROJECT, TARIKERE-577 228 …RESPONDENTS (BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1, SRI. NAGAIAH, ADVOCATE FOR R2) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 20.02.2021 PASSED IN LAC NO.19/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC, TARIKERE, PARTLY ALLOWING THE REFERENCE PETITION U/S.23(1) OF LAND ACQUISITION ACT 1894. IN MFA NO. 2271/2022 BETWEEN: B.N SHIVAPRAKASH S/O NANJUNDAPPA AGED ABOUT 52 YEARS RESIDENT OF BETTAVAREKRE VILLAGE AMRUTHAPURA HOBLI, TARIKERE TQ CHIKKAMAGALURU DISTRICT PIN- 577 228 ...APPELLANT (BY SRI. M NARAYANA BHAT, ADVOCATE) AND: 1. THE ASSISTANT EXECUTIVE ENGINEER SPECIAL LAND ACQUISITION OFFICER UPPER BHADRA PROJECT TARIKERE-577 228 2. THE ASSISTANT EXECUTIVE ENGINEER VISVESVARAYA JALA NIGAM LIMITED UPPER BHADRA PROJECT SUB-DIVISON NO.4, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT PIN-577 228 ...RESPONDENTS (BY SRI. NAGAIAH, ADVOCATE FOR R1 & R2) THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.02.2021 PASSED IN LAC NO.08/2013 ON THE FILE OF - 3 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER THE SENIOR CIVIL JUDGE AND PRL. JMFC, TARIKERE, PARTLY ALLOWING THE REFERENCE PETITION U/S.18(1) OF LAND ACQUISITION ACT. IN MFA NO. 2329/2023 BETWEEN: 1. B SIDDAPPA SINCE DEAD BY HIS LRS B.S UMAPATHI S/O LATE B SIDDAPPA AGED ABOUT 63 YEARS 2. B.S SUNITHA D/O LATE B SIDDAPPA AGED ABOUT 61 YEARS 3. B.S CHIDANANDASWAMY, S/O LATE B SIDDAPPA AGED ABOUT 56 YEARS 4. B.S RENUKAMMA D/O LATE B SIDDAPPA AGED ABOUT 53 YEARS ALL RESIDING AT BETTATHAVAREKERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK, CHIKMAGALUR DISTRICT - 577 228 ...APPELLANTS (BY SRI. NARAYANA BHAT M, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, UPPER BHADRA PROJECT, TARIKERE- 577 228 CHIKMAGALUR DISTRICT - 4 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER 2. THE ASSISTANT EXECUTIVE ENGINEER UPPER BHADRA PROJECT, TARIKERE, CHIKMAGALUR - 577 228 ...RESPONDENTS (BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1, SRI. NAGAIAH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 13.12.2022 PASSED IN LAC.NO. 31/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 23(1) OF LAND ACQUISTION ACT, 1894. IN MFA NO. 2371/2023 BETWEEN: (1) (2) (3) S GOWRAPPA SINCE DEAD BY HIS LR'S NAGARATHNAMMA W/O LATE S GOWRAPPA AGED ABOUT 86 YEARS R/AT DUGLAPURA VILLAGE, TAREKERE TALUK CHIKKAMAGALURU DIST-577 228 MANJULA G.S D/O LATE S GOWRAPPA AGED ABOUT 60 YEARS R/AT KADUR TOWN & TALUK CHIKKAMAGALURU DIST-577 116. UMASHANKARA G.S S/O LATE S GOWRAPPA AGED ABOUT 57 YEARS NO.773, VEERABHADRESHWARA NILAYA, - 5 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER (4) (5) 2ND MAIN, 1ST CROSS, LBS NAGAR BEHIND CHOWDESHWARI TEMPLE SHIVAMOGGA TOWN SHIVAMOGGA DIST-577 204 SHADAKSHARI G.S S/O LATE S GOWRAPPA AGED ABOUT 54 YEARS 8TH CROSS, 2ND MAIN, KRISHI NAGARA SHIVAMOGGA TOWN & DISTRICT-577 204. MAMATHA G.S W/O SIVALINGAPPA D.H D/O LATE S GOWRAPPA AGED ABOUT 53 YEARS R/AT NO.72, KUMAR LAYOUT CHENNAKESHWARA TEMPLE BENGALURU -562 107. (AMENDED VIDE ORDER DATED 11.09.2024) ...APPELLANTS (BY SRI. M. NARAYANA BHAT, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER UPPER BHADRA PROJECT, TARIKERE CHIKMAGALUR DISTRICT-577 228 2. THE ASSISTANT EXECUTIVE ENGINEER UPPER BHADRA PROJECT, TARIKERE CHIKMAGALUR DISTRICT-577 228 ...RESPONDENTS (BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1, SRI. NAGAIAH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED - 6 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER 13.12.2022 PASSED IN LAC.NO. 30/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT, 1894. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) These appeals are filed challenging the judgment and award passed by the learned Senior Civil Judge and Principal JMFC., Tarikere (referred to as "the Reference Court", for brevity) in LAC Nos.19/2013, 8/2013, 31/2014 and 30/2014. 2. The case of the appellant - land owners, in all these appeals, before this Court is that a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 ("the Act", for brevity) was issued notifying several lands including the lands of the appellant-landowners - 7 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER situated in Bettathavarekere village for Upper Bhadra Project and a final declaration was also issued. 3. The respondent - Special Land Acquisition Officer passed an award under Section 11 of the Act awarding compensation. Being dissatisfied by the said award, appellant-landowners of the respective properties sought reference before the Reference Court under Section 18 of the Act seeking enhancement of compensation in respect of land and trees. 4. Thereafter, the Reference Court, having recorded the evidence, has enhanced the compensation in LAC.No.8/2013 as provided under Section 23(1) of the Act along with statutory benefits. However, in LAC.Nos.19/2013, 30/2014 and 31/2014, the Reference Court has awarded only statutory benefits without enhancing the compensation as provided under Section 23(1) of the Act. - 8 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER 5. Being dissatisfied with the award of compensation by the Reference Court as aforesaid, the appellant-land owners are before this Court in these appeals. 6. We have heard the learned counsel for the appellant-landowners and the learned counsel for the respondents. 7. In all these appeals, learned counsel for the appellant-landowners contended that though the landowners were entitled for enhancement of compensation, the Reference Court has only awarded the statutory benefits except in LAC.No.8/2013. It is also contended that by inadvertence, the appellants were unable to file the relevant documents before the Reference Court. However, they filed I.A.No.1/2024 in MFA.Nos.6829/2022, 2329/2023 and 2371/2023 seeking production of additional documents and pray to provide an opportunity to place those documents before the Reference Court and lead evidence to prove the same. - 9 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER Accordingly, he prays to set aside the award and to remit the matters to the Reference Court for fresh consideration. 8. The said applications were opposed by the learned counsel for the respondents stating that the Reference Court, after meticulously examining the oral and documentary evidence placed before it, has rightly awarded the compensation and as such, no additional documents be permitted to be taken on record. Accordingly, they pray to dismiss the aforesaid applications and consequently, to dismiss the appeal. 9. It could be gathered from records that the other land owners of Bettathavarekere village, whose lands were acquired for the similar purpose have challenged the award before the Reference Court in different LAC numbers. Among those cases, in LAC.Nos.2/2013, 10/2013, 14/2013, 9/2013, 15/2013, 18/2013, 12/2013, 6/2013, 17/2013, 5/2013, 19/2013 and 30/2014, the Reference Court has enhanced the compensation awarded by the SLAO by considering the documents and evidence - 10 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER placed by the landowners. Those awards were challenged by the beneficiary i.e., Visveswaraya Jala Nigam Limited in MFA No.6332/2021 & connected matters before the learned Single Judge of this Court, wherein the awards passed by the Reference Court have been upheld by the learned Single Judge by dismissing the said appeals. The said judgment was affirmed by the Hon'ble Apex Court in SLP (C)Nos.11779-11790/2025 vide order dated 02.05.2025. The Visveswaraya Jala Nigam Limited also challenged the other bunch of reference cases in LAC Nos.16/2013, 7/2013, 21/2013, 8/2013, and 31/2014 before this Court in MFA No.6338/2021 & connected matters challenging the enhancement of compensation by the Reference Court. However, the said appeals were dismissed by this Court vide order dated 29.08.2025. 10. On perusal of the documents, it is seen in these appeals, the Reference Court has not enhanced the compensation other than the statutory benefits, but in LAC.No.8/2013, though the compensation has been - 11 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER enhanced by the Reference Court, the landowner is before this Court, being dissatisfied with the same. The reasons assigned by the Reference Court for not enhancing the compensation was that the landowners failed to place the relevant documents to substantiate that their properties valued more than what has been awarded by the SLAO. 11. Now that the appellant-landowners have filed I.A.No.1/2024 under Order XLI Rule 19 read with Section 151 of CPC in MFA.Nos.6829/2022, 2329/2023 and 2371/2023 seeking to produce the additional documents. 12. Since this Court has already affirmed the enhancement of award made by the Reference Court in the aforesaid LACs and that in the LACs under these appeals, the Reference Court has not enhanced the compensation as aforesaid for the reason that the appellant-landowners have failed to produce documents to substantiate the value of their lands, we are of the view that an opportunity deserves to be extended to the appellant-landowners to produce the additional documents - 12 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER and lead evidence to that effect. Accordingly, we allow the applications filed by the appellant-landowners. Consequently, we pass the following: ORDER i) The appeals are allowed. ii) The judgment and award passed in LAC Nos.19/2013, 8/2013, 31/2014 and 30/2014 by the Reference Court is set aside and these LACs are remanded to the Reference Court for fresh consideration. iii) The parties are directed to be present before the Reference Court on 08.10.2025 without expecting any further notice from the Reference Court. iv) The appellants are permitted to produce the additional documents and lead additional evidence before the Reference Court. v) The respondents are also at liberty to produce additional documents and lead evidence. - 13 - HC-KAR NC: 2025:KHC:34640-DB MFA No. 6829 of 2022 C/W MFA No. 2271 of 2022 MFA No. 2329 of 2023 AND 1 OTHER vi) The Court fee shall be refunded to the appellant-landowners as provided under Section 64 of the Karnataka Court Fees and Suits Valuation, Act. vii) All contentions of both the parties are kept open. viii) The Reference Court is directed to dispose off the matters as early as possible and in accordance with the Karnataka (Case Flow management in Subordinate Courts) Rules, 2005. The Registry is directed to return the original records, if any, to the concerned Reference Court forthwith, along with the certified copy of this judgment. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 4