Sri Chandregowda Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2025)

Sri Chandregowda Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

MSA allowed; orders in LAC No.62/2019 (dt. 21.08.2020) and LAC No.52/2011 (dt. 23.09.2014) set aside as observed in M.S.A.No.68/2023; matter remanded to the Reference Court for fresh disposal in accordance with law; respondent No.3 (M/s. Kaveri Neeravari Nigama Ltd.) to be arrayed as a party; both parties given opportunity to adduce evidence; Reference Court to pass appropriate order within six months from 07.07.2025; parties to appear on 07.07.2025 without notice; all contentions kept open; court fee paid by the claimant to be refunded on proper identification.

Issue for consideration

Whether, in view of this Court's order in M.S.A.No.68/2023 (dated 19.12.2024), this MSA should likewise be allowed and the matter remanded to the Reference Court for fresh disposal.

Court's answer

This MSA is allowed by setting aside the order passed in LAC No.62/2019 dated 21.08.2020 and also the order passed in LAC No.52/2011 dated 23.09.2014, as observed in M.S.A.No.68/2023.

Ratio / Principle

The matter is remanded to the Reference Court for fresh disposal in accordance with law; similar relief to that in M.S.A.No.68/2023 is granted, namely arraying respondent No.3 as a party and giving both parties an opportunity to adduce their evidence and decide the matter afresh.

Key takeaways

The Reference Court shall decide the case and pass appropriate order within six months from 07.07.2025.ratio¶36
The parties shall appear before the Reference Court on 07.07.2025 without expecting any notice from the Reference Court; this order itself is notice to the respective parties to appear without fail on 07.07.2025.ratio¶38
All the contentions of the parties are kept open.ratio

Detailed headnote1 paragraphs

Land Acquisition - Miscellaneous Second Appeal under S.54(2) of the Land Acquisition Act against the judgment and decree dated 21.08.2020 in LAC Appeal No.62/2019 (4th Additional District and Sessions Judge, Hassan District at Channarayapatna), which had partly allowed the appeal and modified the judgment and award dated 23.09.2014 in LAC No.52/2011 (Senior Civil Judge, Channarayapatna) passed on a reference petition under S.18(1) of the Land Acquisition Act, 1984. Following this Court's earlier order in M.S.A.No.68/2023 (dated 19.12.2024), H.P. Sandesh, J. allowed the MSA, set aside both the 2020 appellate judgment and the 2014 reference-court award, and remanded the matter to the Reference Court for fresh disposal in accordance with law, granting similar relief as in M.S.A.No.68/2023: respondent No.3 (M/s. Kaveri Neeravari Nigama Ltd.) to be arrayed as a party and both parties given opportunity to adduce evidence. The Reference Court was directed to decide the case within six months from 07.07.2025, with parties to appear on 07.07.2025 without notice; all contentions were kept open and the claimant's court fee was ordered to be refunded on proper identification.

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NC: 2025:KHC:19849 MSA No. 125 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE H.P.SANDESH

MISCELLANEOUS SECOND APPEAL NO. 125 OF 2023 (LA)

BETWEEN:

SRI CHANDREGOWDA, S/O DODDEGOWDA, AGED ABOUT 57 YEARS, RESIDENT OF GOVINAKERE VILLAGE, OBALAPURA POST, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573201.

…APPELLANT

(BY SRI. BALARAJ A.C., ADVOCATE)

AND:

THE SPECIAL LAND ACQUISITION OFFICER, Digitally signed H.R.P.- 2, by DEVIKA M HASSAN-573201. Location: HIGH COURT OF 2. THE DEPUTY COMMISSIONER, KARNATAKA

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573201.

M/S. KAVERI NEERAVARI NIGAMA LTD., REPRESENTED BY MANAGING DIRECTOR, WATER SURFACE DAATA CENTRE BUILDING, 3^RD AND 4^TH CROSS, ANANDA RAO CIRCLE, BENGALURU-560009.

…RESPONDENTS

(BY SRI. GURUSWAMY B.S., AGA FOR R1 AND R2; SRI. PRASHANTH B.R., ADVOCATE FOR R3 – [THROUGH V.C.])

2 - NC: 2025:KHC:19849 MSA No. 125 of 2023

HC-KAR

THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 21.08.2020 PASSED IN LAC APPEAL NO.62/2019 ON THE FILE OF THE 4^TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT AT CHANNARAYAPATNA, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 23.09.2014 PASSED IN LAC NO.52/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT 1984.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

Heard the learned counsel for the respective parties.

The counsel for the appellant submits that this

Court in M.S.A.No.68/2023 dated 19.12.2024, allowed

the appeal and set-aside the order passed by the Reference Court and remanded the matter to the Reference Court for fresh disposal in accordance with law and also a direction was given that respondent No.3 be made as a party in the Reference Court and also given liberty to both the parties to adduce evidence in further,

if they are so advised, either oral, documentary or both.

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HC-KAR

The learned counsel for the respective parties

submits that in view of the order passed by this Court, this matter may also be remanded to the Reference Court for fresh disposal.

Hence, this M.S.A is allowed by setting aside the order passed in LAC No.62/2019 dated 21.08.2020 and also the order passed in LAC No.52/2011 dated 23.09.2014 as observed in M.S.A.No.68/2023 and the

matter is remanded to the Reference Court for fresh disposal in accordance with law and similar relief is also granted to array respondent No.3 as a party and give an opportunity to both the parties to adduce their evidence and decide the matter afresh as observed in M.S.A.No.68/2023.

The Reference Court shall decide the case and pass appropriate order within six months from 07.07.2025.

The parties shall appear before the Reference

Court on 07.07.2025, without expecting any notice from the Reference Court and this order itself is a notice to the

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HC-KAR

respective parties to appear before the Reference Court

without fail on 07.07.2025.

All the contentions of the parties are kept

open.

The Court fee paid by the claimant in this appeal shall be refunded to the claimant, on proper

identification.

Sd/(H.P.SANDESH) JUDGE

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