- 1 - HC-KAR NC: 2025:KHC:34988 MSA No. 179 of 2024 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.179 OF 2024 (LA) BETWEEN: SRI. LATE RAMABOVI, SINCE DEAD BY LR’S 1. SMT PADMAMMA W/O LATE RAMABOVI, AGED ABOUT 63 YEARS. R/AT VADDARAPALYA, HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT – 573211 2. SMT GEETA D/O LATE RAMBOVI, AGED ABOUT 45 YEARS. R/AT VADDARAPALYA, HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT – 573211 3. SRI VENKATESH S/O LATE RAMABOVI, AGED ABOUT 43 YEARS. R/AT VADDARAPALYA, HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT – 573211 …APPELLANTS (BY SRI MANOJ KUMAR J Y, ADVOCATE) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34988 MSA No. 179 of 2024 AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT (HNP) D C OFFICE BUILDING, HASSAN - 560 058 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(2) OF LAND ACQUISITION ACT, AGAINST THE ORDER DATED 12.09.2018 PASSED IN LAC(APPEAL) NO.172/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 25.02.2012 PASSED IN LAC.136/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 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 Manoj Kumar J.Y., learned counsel for the appellants, Sri Gopalkrishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri B.R. Prashanth, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:34988 MSA No. 179 of 2024 2. At the outset, learned counsel for the appellants would submit that delay may be condoned and matter may be remitted to Reference Court as beneficiary is not made as a party before Reference Court. 3. Sri B.R. Prashanth, learned counsel for respondent No.2 has no objection if adequate opportunity is granted for the beneficiary to place evidence on record in adjudicating the adequate compensation. 4. 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.” 5. 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:34988 MSA No. 179 of 2024 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. - 5 - HC-KAR NC: 2025:KHC:34988 MSA No. 179 of 2024 (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