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

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

What the court decided

AI extract

Outcome

Appeal allowed; orders in LAC No.179/2016 and LAC No.137/2011 (dated 12.09.2018 and 25.02.2012) set aside as observed in M.S.A.No.68/2023; matter remanded to the reference Court for fresh disposal with the 2nd respondent (Chief Engineer) to be arrayed as a party and opportunity for both sides to adduce evidence afresh; reference Court to decide and pass appropriate order within six months from 30.06.2025; parties to appear before the reference Court on 30.06.2025 without awaiting notice, this order itself serving as notice; all contentions of the parties kept open; the court fee paid by the claimant in this appeal to be refunded to the claimant with proper identification.

Issue for consideration

Whether, in view of the order passed by this Court in M.S.A.No.68/2023, the present Miscellaneous Second Appeal should be allowed with the orders in LAC No.179/2016 and LAC No.137/2011 set aside and the matter remanded to the reference Court for fresh disposal.

Court's answer

The Miscellaneous Second Appeal is allowed: the order in LAC No.179/2016 and the order in LAC No.137/2011 (dated 12.09.2018 and 25.02.2012) are set aside 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, with similar relief granted to array the 2nd respondent as party and opportunity to both parties to adduce evidence and decide the matter afresh.

Ratio / Principle

The reference Court is directed to decide the case and pass appropriate order within six months from 30.06.2025.

Key takeaways

The parties shall appear before the reference Court on 30.06.2025 without expecting any notice from the reference Court.ratio¶¶34
All contentions of the parties are kept open.ratio¶¶40

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (neutral citation NC: 2025:KHC:18640), single Bench of H.P. Sandesh J., oral judgment dated 03.06.2025 in Miscellaneous Second Appeal No.72 of 2023 (LA), filed under Section 54(2) of the Land Acquisition Act by claimant Shivalingaswamy against the judgment and decree dated 12.09.2018 of the Principal District Judge, Hassan in LAC Appeal No.179/2016, which had allowed the appeal and modified the judgment and award dated 25.02.2012 of the Senior Civil Judge, Holenarasipura in LAC No.137/2011 partly allowing the Section 18(1) reference petition arising from acquisition for the Hemavathi Reservoir Project. On the joint submission of both counsel and following the course adopted in M.S.A.No.68/2023 (order dated 19.12.2024 of this Court), the Court allowed the appeal, set aside both orders, and remanded the matter to the reference Court for fresh disposal in accordance with law, granting similar relief to array the Chief Engineer, Kaveri Neeravari River Project (2nd respondent) as a party and giving both sides opportunity to adduce evidence afresh. The reference Court is to decide and pass appropriate order within six months from 30.06.2025; the parties are to appear before it on 30.06.2025, the order itself constituting notice; all contentions were kept open; and the court fee paid by the claimant in the appeal is to be refunded with proper identification.

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NC: 2025:KHC:18640 MSA No. 72 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE H.P.SANDESH

MISCELLANEOUS SECOND APPEAL NO.72 OF 2023 (LA)

BETWEEN:

SHIVALINGASWAMY

S/O BASAPPA AGED ABOUT 59 YEARS R/O CHANNAPURA VILLAGE HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573 201.

…APPELLANT

(BY SRI. GIRISH B. BALADARE, ADVOCATE)

AND:

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT (HNP) HASSAN-573 201.

CHIEF ENGINEER KAVERI NEERAVARI RIVER PROJECT GORUR HASSAN DISTRICT.

…RESPONDENTS

(VIDE ORDER DATED 03.06.2025 SRI. PRASHANTH B.R., ADVOCATE TAKE NOTICE FOR R2)

THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 12.09.2018 PASSED IN LAC APPEAL NO.179/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN,

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NC: 2025:KHC:18640 MSA No. 72 of 2023

HC-KAR

ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 25.02.2012 PASSED IN LAC NO.137/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT.

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 both the learned counsel for respective parties. The counsel submits that in view of the order passed by this Court in M.S.A.No.68/2023 dated 19.12.2024 wherein this Court allowed the appeal and setaside the order passed by the reference Court and remanded the matter to the reference Court for fresh disposal in accordance with law and also direction was given to 2^nd respondent to be made as a party in the reference Court and also given liberty to both parties to adduce evidence in further if they are so advised, either oral, documentary or both.

3 - NC: 2025:KHC:18640 MSA No. 72 of 2023

HC-KAR

Both the counsel for respective parties submits

that in view of the order passed by this Court, this matter may be remanded to the reference Court for fresh disposal. Hence, this M.S.A is allowed setting aside the order passed in LAC No.179/2016 and also order passed in LAC No.137/2011 dated 12.09.2018 and 25.02.2012 as observed in M.S.A.No.68/2023 and matter is remanded to the reference Court for fresh disposal in accordance with law and similar relief also granted to array the 2^nd respondent as party and give an opportunity to both the parties to adduce 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 30.06.2025.

The parties shall appear before the reference Court on 30.06.2025. The parties shall not expect any notice from the reference Court and this order itself is a

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NC: 2025:KHC:18640 MSA No. 72 of 2023

HC-KAR

notice to the respective parties to appear before the

reference Court without fail on 30.06.2025.

All contention of the parties are kept open.

The Court fee paid by the claimant in this

appeal shall be refunded to the claimant with proper

identification.

Sd/(H.P.SANDESH) JUDGE

RHS

List No.: 1 Sl No.: 18