- 1 - HC-KAR NC: 2025:KHC:45875-DB M.F.A. No.7276/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7276/2015 (LAC) BETWEEN: THIMMARAYIGOWDA S/O LATE JAVARE GOWDA AGED 70 YEARS ECHALAHALLY VILLAGE KANDLI POST, KASABA HOBLI HASSAN TQ & DIST-573201 …APPELLANT (BY SRI. NARENDRA GOWDA, ADV.,) AND: 1. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PLANNING-2 OFFICE OF DEPUTY COMMISSIONER HASSAN, HASSAN DISTRICT-573201. 2. MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM SURFACE WATER DATE CENTRE BUILDING ANAND RAO CIRCLE, BENGALURU. …RESPONDENTS (BY SMT. PRATHIBHA R.K. AGA FOR R1 SRI. B.R. PRASHANTH, ADV., FOR R2) - - - THIS MFA IS FILED U/S 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO CALL FOR THE RECORDS IN LAC NO.58/2011 FROM THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE, Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45875-DB M.F.A. No.7276/2015 HASSAN. ALLOW THIS APPEAL AND MODIFIED THE JUDGMENT AND AWARD PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, HASSAN IN LAC NO.58/11, DATED 23.03.2013 THEREBY ENHANCING THE COMPENSATION AS PRAYED FOR WITH OTHER STATUTORY BENEFITS & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the claimant under Section 54(1) of the Land Acquisition Act, 1894, challenging the judgment and award dated 23.03.2013 passed in LAC.No.58/2011 by the Principal Senior Civil Judge, Hassan. 2. The Trial Court is hereinafter referred as 'the Reference Court', the appellant as claimant and the respondent as the respondent for the purpose of convenience. 3. The brief facts leading to filing of this appeal are that the claimant's lands in Sy.No.75/2 measuring 11 guntas and Sy.No.72 measuring 12 guntas, respectively, of Echalahally - 3 - HC-KAR NC: 2025:KHC:45875-DB M.F.A. No.7276/2015 Village, Hassan Taluk, were acquired for the benefit of the respondent No.2 under the preliminary notification dated 30.03.2006. The Land Acquisition Officer (LAO) passed an award on 31.01.2009 and determined the market value at Rs.63,800/- per acre. The Reference Court enhanced the market value at Rs.20,000/- per gunta. Being aggrieved, the claimant is in appeal. 4. Sri.Narendra Gowda, learned counsel for the appellant submits that the Reference Court has not considered the pleading and evidence in its proper perspective and awarded meagre compensation. It is submitted that the similarly placed land losers have received higher compensation. Hence, he seeks to reconsider the evidence on record by allowing the appeal. 5. Per contra, Sri.B.R.Prashanth, learned counsel for the respondent No.2 submits that the respondent No.2 is the beneficiary of the acquisition and was not arrayed as a party before the Reference Court. Hence, it would be appropriate to implead the respondent No.2 before the Reference Court by permitting him to adduce evidence. He seeks to remand the - 4 - HC-KAR NC: 2025:KHC:45875-DB M.F.A. No.7276/2015 matter to the Reference Court with a direction to permit the parties to adduce fresh evidence with regard to the market value of the lands in question. In response to the said submission, learned counsel appearing for the appellant fairly concedes to remand the matter. It is submitted that the Co- ordinate Bench in the case of T.S.LAKSHMINARAYANA Vs. THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER 1 had remanded back the matter. 6. Smt.Prathiba R.K., learned Additional Government Advocate for the respondent No.1 supports the impugned judgment and seeks to dismiss the appeal. 7. We have heard the arguments of the learned counsel appearing for the appellant as well as the learned counsel for the respondents and perused the material available on record. We have given our anxious consideration to the submissions made on both sides. 8. The point that arises for our consideration in this appeal is: 1 MFA No.8077/16 dt. 25.9.25 - 5 - HC-KAR NC: 2025:KHC:45875-DB M.F.A. No.7276/2015 "Whether the impugned judgment and award of the Reference Court calls for any interference?" 9. The aforesaid point is answered in the affirmative for the following reasons: a) The parties to the proceedings does not dispute that the lands in Sy.No.75/2 measuring 11 guntas and Sy.No.72 measuring 12 guntas, respectively, of Echalahally Village, Hassan Taluk, were acquired for the benefit of the respondent No.2 under the preliminary notification dated 30.03.2006. The Land Acquisition Officer (LAO) passed an award on 31.01.2009 and determined the market value at Rs.63,800/- per acre. The Reference Court enhanced the market value at Rs.20,000/- per gunta. b) The learned counsel for the claimant seeks for enhancement of the market value by re-appreciating the evidence on record by contending that the similarly placed land losers have received higher compensation. However, no judgment in support of his contention is produced. - 6 - HC-KAR NC: 2025:KHC:45875-DB M.F.A. No.7276/2015 c) The learned counsel for the respondent No.2 fairly conceded that the impugned judgment and award of the Reference Court is passed without arraying the respondent No.2 herein, who is the beneficiary of the acquisition, as a party to the proceedings. The learned counsel for the respondent No.2 also seeks to remand the matter to the Reference Court by permitting them to adduce the evidence. d) Considering the rival submissions and taking note of the fact that the beneficiary of the acquisition i.e. Cauvery Neeravari Nigam was not a party before the Reference Court who is required to satisfy the award, we are of the view that the matter requires remand to the Reference Court with a direction to provide sufficient opportunity to the parties to adduce the evidence. We have also noticed that this Court in the case of ANNEGOWDA Vs. SPECIAL LAND ACQUISITION OFFICER AND ANOTHER2 accepting the submissions, had remanded the matter back to the Reference Court. It 2 MFA No.7278/2015 dt. 27.10.25 - 7 - HC-KAR NC: 2025:KHC:45875-DB M.F.A. No.7276/2015 is further noticed that the subject matter of the lands covered in this appeal and the aforesaid matter remanded to the Reference Court are of the same village and acquired under the same preliminary notification for the same purpose. Hence, the interest of justice would be met if the matter is remitted back to the Reference Court to reconsider the same in accordance with law. 10. For the aforementioned reasons, the appeal is allowed-in-part with costs. The impugned judgment and award of the Reference Court dated 23.03.2013 passed in LAC No.58/2011 is set aside. The matter is remitted back to the Reference Court to re- consider the reference petition on merits and in accordance with law after providing sufficient opportunity to the parties to adduce the evidence. It is needless to observe that the respondent No.2 shall be impleaded as a party before the Reference Court. It is made clear that this Court has not expressed any opinion with regard to the market value of the lands in question. - 8 - HC-KAR NC: 2025:KHC:45875-DB M.F.A. No.7276/2015 The parties shall appear before the Reference Court on 18.12.2025. The Registry shall refund the eligible Court fee. Consequently, the pending application, if any, stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 26