IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST 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.3140/2015 (LAC)

BETWEEN:

VENKATARAMANE GOWDA AGE ABOUT 60 YEARS SINCE DEAD BY LR'S.

1 RANGAMMA W/O LATE VENKATARAMANE GOWDA AGED ABOUT 76 YEARS.

Digitally signed

2. JANARDHAN GOWDA by RUPA V S/O LATE VENKATARAMANE GOWDA Location: High AGED ABOUT 54 YEARS.

Court Of Karnataka

3. DYAVE GOWDA S/O LATE VENKATARAMANE GOWDA AGED ABOUT 52 YEARS.

4. MOHAN KUMAR S/O LATE VENKATARAMANE GOWDA AGED ABOUT 39 YEARS.

ALL ARE R/AT. ECHALAHALLI VILLAGE KANDLI POST, KASABA HOBLI HASSAN TALUK & DIST-571201.

[AMENDED AS PER ORDER DTD:21.11.2025]

…APPELLANTS (BY SRI. NARENDRA GOWDA, ADV.,)

AND:

1. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVIOR PLANNING - 2 (H.R.P-II), HASSAN.

2. MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM SURFACE WATER DATA CENTRE BUILDING ANANDRAO CIRCLE BANGALORE.

…RESPONDENTS (BY SRI. MANJUNATH RAYAPPA, AGA FOR R1 SRI. PRASHANTH B.R. 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.69/11 FROM THE COURT OF THE ADDL. SENIOR CIVIL JUDGE, HASSAN. ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD PASSED BY ADDL. SENIOR CIVIL JUDGE, HASSAN ON 09.01.2013 IN LAC NO.69/11 THEREBY ENHANCING THE COMPENSATION SUITABLY & 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 claimants under Section

54(1) of the Land Acquisition Act, 1894, challenging the judgment and award dated 16.01.2014 passed in LAC.No.69/2011 by the Additional Senior Civil Judge, Hassan.

2. The Trial Court is hereinafter referred as 'the Reference Court', the appellants as claimants and the respondents as the respondents for the purpose of convenience.

3. The brief facts leading to filing of this appeal are that the claimants land in Sy.Nos.71, 6, 74/5, 77/1, 77/2 and 76/1 measuring 04 guntas, 26 guntas, 10 guntas, 03 guntas, 01 guntas and 05 guntas respectively, of Echalahally Village, Hassan Taluk, was acquired for the purpose of Yagachi Reservoir Project 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 claimants are in appeal.

4. Sri.Narendra Gowda, learned counsel for the appellants submits that the Reference Court has not considered the pleading and evidence in its proper prospective and awarded meagre compensation. It is submitted that the similarly placed land losers have got 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 respondent No.2 submits that 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 respondent No.2 before the Reference Court by permitting him to adduce evidence. He seeks to remand the matter to the Reference Court with a direction to permit the parties to adduce fresh evidence with regard to the market value of the land in question. It is further submitted that the co-ordinate Bench of this Court in the case of T.S.LAKSHMINARAYANA v. THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER, MFA No.8077/2016 dated 25.09.2025 had remanded the matter back. In response to the said submission, the learned counsel appearing for the appellants/claimants fairly concedes to remand the matter to the Reference Court.

6. Smt.Manjunath Rayappa, learned Additional Government Advocate for respondent No.1 supports the impugned judgment and seeks to dismiss the appeal. 7. We have heard the a