- 1 - HC-KAR NC: 2026:KHC:9010 MSA No. 22 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 22 OF 2024 (LA) BETWEEN: 1. YOGESHGOWDA S/O PUTTASWANYGOWDA AGED ABOUT 59 YEARS R./AT DASSURU VILLAGE DODDAGADDAVALLI POST, SALAGAME HOBLI HASSAN TALUK, HASSAN DISTRICT - 573201 …APPELLANT (BY SMT. SHARADAMBA A R, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER H R P 2, OFFICE OF THE DEPUTY COMMISSIONER, 1ST FLOOR HASSAN - 573-201. 2. EXECUTIVE ENGINEER, CAUVERI NEERAVARI NIGAMA LTD., YAGACHI DISTRICT, 573 115. …RESPONDENTS (BY SMT. RANSA VASANTHI D L, HCGP FOR R1; SRI B R PRASHANTH, ADV., FOR R2) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9010 MSA No. 22 of 2024 THIS MSA IS FILED UNDER SEC.54(2) OF THE KARNATAKA LAND ACQUISITION ACT AGAINST THE JUDGMENT AND DECREE DATED 06.03.2019 PASSED IN LAC (APPEAL) NO.380/2017 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 12.08.2005 PASSED IN LAC.145/2000 ON THE FILE THE ADDITIONAL CIVIL JUDGE, (SR.DN) HASSAN, PARTLY ALLOWING THE REFERENCE FILED UNDER SECTION 19 OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT This appeal is filed along with an application for condonation of delay of 989 days in filing the appeal and an application is also filed to implead the beneficiary as a party to the instant appeal. 2. The respondents are duly served. 3. Learned counsel appearing for the appellant submits that there is a delay of 989 days in filing the appeal. It is submitted that the appellant did not have the financial capacity to file an appeal before the High Court and the appellant had already lost the land and later they came to know - 3 - HC-KAR NC: 2026:KHC:9010 MSA No. 22 of 2024 that in respect of an identical property covered under the same notification, the compensation is enhanced. It is further submitted that there was an error on the part of the claimant in not impleading the beneficiary as a party to the proceeding before the Reference Court. Under these circumstances, it is urged that the delay be condoned and the application to implead the beneficiary as a party to the proceeding be allowed and the matter be heard on merits. 4. Learned counsel appearing for the proposed beneficiary would submit that beneficiary is not a party to the proceeding and behind the back of the beneficiary, the award is obtained and even before the Appellate Court, the beneficiary was not made as a party. It is further submitted that valid grounds are not made out to condone the delay of 989 days in filing the appeal. 5. Learned Government could also oppose the application for condonation of delay. 6. The Court has considered the contentions raised at the Bar and perused the records. - 4 - HC-KAR NC: 2026:KHC:9010 MSA No. 22 of 2024 7. There is no dispute that the appellant's land was acquired under the Land Acquisition Act, 1894. The Land Acquisition Officer awarded ₹ 9,100 per acre in respect of an acquisition which has taken place in the year 1993. On reference, the Reference Court enhanced the compensation to ₹ 22,500/- per acre and against which an appeal is filed by the land loser and the Appellate Court enhanced the compensation to ₹ 2,03,000/-. It is to be noticed from the aforementioned undisputed findings that initially the compensation which was awarded was too inadequate and later before two forums the compensation has been enhanced. 8. It is further submission of the learned counsel for the appellant that in respect of similar land covered under the same notification the compensation is enhanced to ₹ 40,000/- per gunta. 9. The appellants are fighting the litigation since 1993 seeking just compensation. Considering the grounds urged, the Court is of the view that the appellant has made out a case for condonation of delay. It is also required to be noticed that the compensation said to have been enhanced in respect of similar - 5 - HC-KAR NC: 2026:KHC:9010 MSA No. 22 of 2024 land acquired under the same notification is not disturbed or challenged. It is also noticed that the appellant is from rural background and it appears that he was not having enough financial resources to file the appeal. Under these circumstances, the application for condonation of delay of 989 days is allowed. By allowing IA No.1/2024 with a rider that in case the compensation is enhanced the appellant is not entitled to interest for the said period. 10. IA No.1/2025 is to implead the beneficiary as a party to the proceedings. It is settled position of law that, in a land acquisition proceeding seeking enhancement, the beneficiary should also be made a party to the proceeding. The entire award passed by the Reference Court and the Appellate Court is without hearing the beneficiary, as such, the beneficiary is a necessary party and application IA No.1/2025 is also allowed. The proposed beneficiary is allowed to come on record as respondent No.2. 11. It is submitted that amended cause title is furnished and the same is taken on record. - 6 - HC-KAR NC: 2026:KHC:9010 MSA No. 22 of 2024 12. With the consent of the parties, the appeal is heard on merits. 13. As already noticed, the reference Court has passed the award without impleading the beneficiary as a party and without hearing the beneficiary as well. Thus, the award in the opinion of this Court is erroneous and an opportunity should be given to the appellant to implead beneficiary as a party and the beneficiary should be permitted to contest the matter. 14. Under the circumstances, the following - ORDER (i) The appeal is allowed-in-part. Impugned award passed by the reference Court as well as the decree passed by the appellate Court are set aside. (ii) The matter is remitted to the reference Court for fresh consideration. (iii) The claimant shall implead the respondent No.2 beneficiary as a party to the proceedings of the reference Court. The Reference Court shall give opportunity to the parties to lead fresh evidence on the matter and thereafter, has to pass appropriate orders. - 7 - HC-KAR NC: 2026:KHC:9010 MSA No. 22 of 2024 (iv) It is made clear that nothing is expressed on the merits of the matter. (v) The parties shall appear before the reference Court on 17.03.2026 without any further notice. (vi) In case the compensation is to be enhanced, the appellant is not entitled to interest for 989 days. (vii) Admissible Court fee is ordered to be refunded. Sd/- (ANANT RAMANATH HEGDE) JUDGE YKL List No.: 1 Sl No.: 8