Allowed¶31

Mudalagiriaiah v. State of Karnataka

Karnataka HC25 Sept 2025MFA/4793/2022

Case brief

AI extract

What is this about?

Karnataka High Court, MFA No.4793/2022 (LAC), Hanchate Sanjeevkumar J., 25.09.2025; land acquisition compensation; Yagachi Reservoir Project; Cauvery Neeravari Nigama Limited beneficiary a necessary party; non-impleadment of beneficiary; reference under Section 18(1) LA Act; appeal under Section 54(1) LA Act; remand to Reference Court for fresh disposal; Rs.20,500 per gunta; Hassan; refund of court fee; impleadment of beneficiary.

What did the court decide?

Award dated 03.08.2015 in LAC No.311/2014 set aside; matter remanded to the Reference Court for fresh disposal after impleadment of the beneficiary; both parties at liberty to adduce further evidence (oral, documentary or both); all contentions kept open; court fee paid by the claimant in the appeal to be refunded with proper identification. ¶31

Mudalagiriaiah Vs State of Karnataka — Land Acquisition | Karnataka HC (2025)

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1 - NC: 2025:KHC:39288 MFA No. 4793 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4793 OF 2022 (LAC)

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BETWEEN:

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MUDALAGIRIAIAH S/O. SIDDAIAH AGED ABOUT 56 YEARS R/O DUNDANAGANAHALLI VILLAGE KATTAYA HOBLI, HASSAN TALUK HASSAN DISTRICT- 573 201

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…APPELLANT

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(BY SMT. KAVITHA H. C., ADVOCATE)

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AND:

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STATE OF KARNATAKA REP BY SPECIAL LAND ACQUISITION OFFICER HRP- 2 HASSAN-573201

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…RESPONDENT

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(BY SRI. GOPAL KRISHNA SOODI, AGA)

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DT.03.08.2015 PASSED IN LAC NO.311/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, PARTLY ALLOWING THE REFERENCE PETITION U/S.18(1) OF LAND ACQUISITION ACT.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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2 - NC: 2025:KHC:39288 MFA No. 4793 of 2022

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HC-KAR

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ORAL JUDGMENT

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The claimant, who is the landowner, has lost the land under acquisition initiated by the respondent herein and has been awarded compensation of an amount of Rs.20,500/- per gunta and is before this Court, being dissatisfied with the quantum of compensation awarded.

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The land was acquired for Yagachi Reservoir Project on behalf of the Cauvery Neeravari Nigama Limited, Bengaluru. This Cauvery Neeravari Nigama Limited is beneficiary of the land acquisition but is not made a party before the Reference Court.

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This Court in catena of decisions held that beneficiary is the necessary party while determining the compensation and one such appeal is M.S.A. No.65/2022 dated 13.12.2024 passed by this Court in remanding the matter to the Reference Court for fresh disposal after getting implead the beneficiary.

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NC: 2025:KHC:39288 MFA No. 4793 of 2022

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HC-KAR

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Therefore, in the present case also the

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beneficiary is not made as party. Therefore, the appeal is required to be remanded to the Reference Court. Accordingly, this Court is passing the following:

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ORDER

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i) The appeal is allowed .

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ii) The order dated 03.08.2015 passed in L.A.C.No.311/2014 by the II Additional Senior Civil Judge and JMFC, Hassan, is hereby set aside and the matter is remanded to the Reference Court for fresh disposal after getting impleadment of the beneficiary in the LAC case before the Reference Court.

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iii) Liberty is reserved to both the parties to adduce evidence in further if they are so advised, either oral, documentary or both.

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iv) The Reference Court after getting impleament of the beneficiary, shall decide the case and pass appropriate orders in accordance with law as expeditiously as possible.

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