- 1 - HC-KAR NC: 2026:KHC:6813 MSA No. 128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 128 OF 2025 (LA) BETWEEN: 1. SRI LATE KALAIAH SINCE DEAD BY LRS DEVAMMA W/O KALAIAH AGED ABOUT 74YEARS R/A IBBADI VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK. HASSAN DIST - 562 157 2. REVANNA S/O KALAIAH AGED ABOUT 54 YEARS R/A IDBADI VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK. HASSAN DIST - 562 157 3. KALASAIAH S/O BELURAIAH AGED ABOUT 69 YEARS R/A IBBADI VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK. HASSAN DIST - 562 157 4. CHANNAIAH S/O BELURAIAH AGED ABOUT 67 YEARS R/A IBBADI VILLAGE, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6813 MSA No. 128 of 2025 DODDAMAGGE HOBLI, ARAKALGUD TALUK. HASSAN DIST - 562 157 …APPELLANTS (BY SRI. MANOJ KUMAR. J.Y, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER H.R.P-2, 1ST FLOOR DEPUTY COMMISSIONER BUILDING HASSAN-560 058 2. THE DEPUTY COMMISSIONER, DEPUTY COMMISSIONER BUILDING HASSAN-560 058 …RESPONDENTS (BY SMT. RANSA VASANTHI D.L, HCGP) THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 20.09.2019 PASSED IN LAC No.363/2016 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 13.03.2006 PASSED IN LAC NO.3/2006 ON THE FILE OF THE CIVIL JUDGE(SR DN), HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED U/S. 18 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 - 3 - HC-KAR NC: 2026:KHC:6813 MSA No. 128 of 2025 ORAL JUDGMENT There is delay of 1312 days in filing the appeal and I.A.No.1/2025 is filed to condone the delay. 2. Learned Government Advocate would oppose the application on the premise that sufficient cause is not shown to allow the application and to condone the delay of 1312 days. 3. Heard the learned counsel appearing for the appellants and the learned Government Advocate. 4. This miscellaneous second appeal arises from the judgment and decree in L.A.C (Appeal) No.363/2016 dated 20.09.2019 passed by the Principal District Judge, Hassan (for brevity, 'the Appellate Court'), wherein the award in L.A.C No.03/2006 dated 13.03.2006 passed by the Civil Judge (Senior Division) Holenarasipura (for brevity, 'the Reference Court') was under challenge by the landloser. It is noticed that there is delay of 1312 days in filing the appeal. 5. It is submitted that the appellants are the landlosers and they have not received adequate compensation consequent to the land acquisition and they did not have the financial resource to file appeal by paying the Court fee. - 4 - HC-KAR NC: 2026:KHC:6813 MSA No. 128 of 2025 6. It is further submitted that the appellants are the rustic villagers and they are not too familiar with the legal procedures. 7. Considering the fact that the case is about just compensation where the landlosers are alleging that adequate compensation is not paid and also considering the fact that the beneficiary has not been made a party to the proceedings, the Court is of the view that the matter requires reconsideration after making beneficiary as a party to the proceedings. 8. Under these circumstances, I.A.No.1/2025 is allowed. Delay of 1312 days in filing the appeal is condoned. 9. However, it is made clear that in case the compensation is enhanced, the appellants are not entitled to interest for the delayed period of 1312 days. 10. It is noticed that before the Reference Court and before the Appellate Court, the beneficiary has not been made a party in a petition seeking enhancement of compensation. 11. The settled position of law is the beneficiary should be made a party. The Reference Court should have brought it - 5 - HC-KAR NC: 2026:KHC:6813 MSA No. 128 of 2025 to the notice of the claimants before adjudicating the case on merits. 12. Under these circumstances, the impugned judgment and award and impugned judgment and decree are set aside. 13. The matter is remitted to the Reference Court with a direction to the appellants/petitioners to implead beneficiary as a party to the proceedings. 14. The Reference Court shall hear the petitioners and the respondents including the beneficiary and permit them to lead evidence and thereafter, to pass award in accordance with law. 15. In case the compensation is enhanced, the appellants will not be entitled to interest on the enhanced compensation for 1312 days. It is made clear that this Court has not expressed any opinion on the merits of the matter. All the contentions are kept open. The appeal is accordingly allowed-in-part. SD/- (ANANT RAMANATH HEGDE) JUDGE CR/List No.: 1 Sl No.: 14