Puttaswamyshetty Vs Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2025)

Puttaswamyshetty Vs Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed and pending IAs closed; First Appellate Court order dated 01.08.2017 in L.A.C.(Appeal) No.51/2017 set aside; matter remanded to the Reference Court for fresh disposal; beneficiary to be made a party; liberty to both sides to adduce further evidence; appearance fixed on 15.04.2025 with disposal directed within six months; contentions kept open; court fee paid by claimant to be refunded.

Issue for consideration

Whether the judgment of the First Appellate Court in L.A.C.(Appeal) No.51/2017 dismissing the claimant's enhancement appeal should be set aside and the matter remanded to the Reference Court for fresh disposal, consistent with the course adopted by a co-ordinate Bench in connected matters arising out of the same acquisition (M.S.A. No.68/2023).

Court's answer

The order of the First Appellate Court dated 01.08.2017 passed in L.A.C.(Appeal) No.51/2017 by the V Additional District & Sessions Court at Hassan is set aside.

Ratio / Principle

The matter is remanded to the Reference Court for fresh disposal in accordance with law.

Key takeaways

The beneficiary shall be made a party before the Reference Court.ratio¶33
Liberty is reserved to both parties to adduce further evidence, whether oral, documentary or both, if they are so advised.ratio¶34
All parties shall appear before the Reference Court on 15.04.2025 without further notice, and the Reference Court shall decide the case and pass appropriate orders within six months from thereon.ratio

Detailed headnote1 paragraphs

Land Acquisition — Enhancement of compensation — Miscellaneous Second Appeal under Section 54(2) of the Land Acquisition Act by claimants (original appellant dead, represented by legal representatives) against the judgment and decree dated 01.08.2017 in LAC Appeal No. 51/2017 of the V Additional District and Sessions Judge, Hassan, dismissing the appeal, filed against the judgment and award dated 30.07.2005 in LAC.15/2001 of the Principal Civil Judge (Sr. Dn.), Hassan, partly allowing reference petitions under Section 18(1). Learned counsel pointed out that in respect of the similar acquisition, in connected matters the order of the Reference Court had already been set aside and the appeals remanded, with liberty to make the beneficiary a party before the Reference Court. Considering the order of the co-ordinate Bench in M.S.A. No.68/2023 arising out of the very same land acquisition proceedings, the Court set aside the First Appellate Court order dated 01.08.2017 and remanded the matter to the Reference Court for fresh disposal in accordance with law; directed that the beneficiary be made a party; reserved liberty to both parties to adduce further evidence, oral, documentary or both; directed appearance before the Reference Court on 15.04.2025 without further notice with disposal within six months therefrom; kept all contentions open; and ordered refund of court fee to the claimant. Appeal allowed; pending IAs closed.

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NC: 2025:KHC:10297 MSA No. 111 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 111 OF 2017 (LA)

BETWEEN:

PUTTASWAMYSHETTY S/O. MARIRANGASETTY, AGED ABOUT 57 YEARS, AGRICULTURIST, R/O. BYLAHALLI VILLAGE, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201. DEAD BY LRS.

1A. SMT. BHAGYAMMA, W/O LATE PUTTASWAMY SHETTY, 59 YEARS, (WIFE).

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

MANJULA, W/O LATE MOHAN, 42 YEARS, (DAUGHTER)

JANARDHAN, S/O LATE PUTTASWAMYSHETTY, 40 YEARS, (SON)

ALL ARE R/O BYLAHALLI VILLAGE, HASSAN TALUK. AT PRESENT ALL ARE R/AT DO.NO.19/B, KENCHAMANA GALLI, LAKSHMIPURA EXTENSION, HASSAN - 573 201.

…APPELLANTS

(BY SMT. SHARADAMBA A.R, ADVOCATE)

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NC: 2025:KHC:10297 MSA No. 111 of 2017

AND:

SPECIAL LAND ACQUISITION OFFICER, H.R.P.2, OFFICE OF THE DEPUTY COMMISSIONER, 1ST FLOOR, HASSAN - 573 201

…RESPONDENT

(BY SRI. G.C. YOGISH, AGA)

THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND DECREE DATED 01.08.2017 PASSED IN LAC APPEAL NO. 51/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND AWARD DATED 30.07.2005 PASSED IN LAC.15/2001 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE(Sr. Dn), HASSAN, PARTLY ALLOWING THE REFERENCE PETITIONS FILED U/S. 18(1) LAND ACQUISITION ACT.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL JUDGMENT

This Miscellaneous Second appeal is filed by the claimant challenging the judgment and award dated 01.08.2017 in L.A.C.(Appeal) No.51/2017 passed by V Addl. District & Sessions Court at Hassan, and judgment and award dated 30.07.2005 in LAC.No.15/2001 passed by the Principal Civil Judge (Senior Division), Hassan, seeking enhancement of compensation.

Learned counsel appearing for the appellant submits that in respect of the similar acquisition, in the connected matters already the order of the Reference Court is

3 - NC: 2025:KHC:10297 MSA No. 111 of 2017

set aside and the appeals are remanded back to the Reference Court for fresh consideration. While remanding the matter, the Co-ordinate Bench of this Court had permitted the appellant to make the beneficiary as a party before the Reference Court.

Considering the order passed by the Co-ordinate

bench of this Court in M.S.A. No.68/2023 arising out of the very same land acquisition proceedings, this Court is passing the following:

ORDER

(i) The order of the First Appellate Court dated 01.08.2017 passed in L.A.C.(Appeal) No.51/2017 by the Court of the V Additional District & Sessions Court at Hassan is set-aside and the matter is remanded to the Reference Court for fresh disposal in accordance with law.

(ii) The beneficiary shall be made as a party before the Reference Court.

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

(iv) All the parties shall appear before the Reference Court on 15.04.2025 without further notice and the Reference Court shall decide the case and pass appropriate orders within six months from thereon.

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NC: 2025:KHC:10297 MSA No. 111 of 2017

(v) All contentions of parties are kept open.

(vi) Court fee paid by the claimant shall be refunded to the claimant with proper identification.

(vii) Accordingly, the appeal is allowed and pending IAs., shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

KA List No.: 2 Sl No.: 5 CT: BHKP