Sri Late Kalaiah Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2026)

Sri Late Kalaiah Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Condonation of the 1312-day filing delay (I.A.No.1/2025 allowed), with the condition that if compensation is enhanced the appellants get no interest for the 1312-day delayed period; impugned judgment and award and impugned judgment and decree set aside; matter remitted to the Reference Court with directions to implead the beneficiary, hear the petitioners and respondents including the beneficiary, permit them to lead evidence and pass a fresh award in accordance with law; no opinion expressed on merits and all contentions kept open.

Issue for consideration

Whether the delay of 1312 days in filing the Miscellaneous Second Appeal should be condoned (application I.A.No.1/2025). +1 more

Court's answer

I.A.No.1/2025 is allowed; the delay of 1312 days in filing the appeal is condoned.

Ratio / Principle

The settled position of law is that the beneficiary should be made a party to the proceedings, and the Reference Court should have brought it to the notice of the claimants before adjudicating the case on merits.

Key takeaways

Because the beneficiary was not made a party before the Reference Court or the Appellate Court, the impugned judgment and award and the impugned judgment and decree are set aside.ratio¶52
The matter is remitted to the Reference Court with a direction to the appellants/petitioners to implead the beneficiary as a party to the proceedings.ratio¶53
On remand, the Reference Court shall hear the petitioners and the respondents including the beneficiary, permit them to lead evidence, and thereafter pass an award in accordance with law.ratio

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Anant Ramanath Hegde, J.) — Miscellaneous Second Appeal No. 128 of 2025 (LA) under Section 54(2) of the Land Acquisition Act by landlosers against the judgment and decree dated 20.09.2019 in L.A.C (Appeal) No.363/2016 (Principal District Judge, Hassan), which had confirmed the Reference Court award dated 13.03.2006 in L.A.C No.03/2006 (Civil Judge (Sr Dn), Holenarasipura) that partly allowed their Section 18 enhancement reference. (i) I.A.No.1/2025: the 1312-day delay in filing the appeal was condoned, with the condition that, should compensation be enhanced, the landlosers receive no interest for those 1312 days. (ii) The court observed that at neither the Reference Court nor the Appellate Court stage had the beneficiary been made a party to the enhancement petition; it recorded the settled position that the beneficiary must be a party and that the Reference Court ought to have flagged this to the claimants before adjudicating. (iii) On that basis the impugned judgment and award and the impugned judgment and decree were set aside and the matter remitted to the Reference Court with directions: the appellants/petitioners to implead the beneficiary; all parties, including the beneficiary, to be heard and permitted to lead evidence; a fresh award to be passed in accordance with law; no interest on any enhanced compensation for the 1312-day period; the Court expressly took no view on the merits and left all contentions open. Appeal allowed-in-part.

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NC: 2026:KHC:6813 MSA No. 128 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

MISCELLANEOUS SECOND APPEAL NO. 128 OF 2025 (LA)

BETWEEN:

SRI LATE KALAIAH SINCE DEAD BY LRS

DEVAMMA W/O KALAIAH AGED ABOUT 74YEARS R/A IBBADI VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK. HASSAN DIST - 562 157

REVANNA

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

S/O KALAIAH AGED ABOUT 54 YEARS R/A IDBADI VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK. HASSAN DIST - 562 157

KALASAIAH S/O BELURAIAH AGED ABOUT 69 YEARS R/A IBBADI VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK. HASSAN DIST - 562 157

CHANNAIAH S/O BELURAIAH AGED ABOUT 67 YEARS R/A IBBADI VILLAGE,

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HC-KAR

DODDAMAGGE HOBLI, ARAKALGUD TALUK. HASSAN DIST - 562 157

…APPELLANTS

(BY SRI. MANOJ KUMAR. J.Y, ADVOCATE)

AND:

THE SPECIAL LAND ACQUISITION OFFICER H.R.P-2, 1^ST FLOOR DEPUTY COMMISSIONER BUILDING HASSAN-560 058

THE DEPUTY COMMISSIONER, DEPUTY COMMISSIONER BUILDING HASSAN-560 058

…RESPONDENTS

(BY SMT. RANSA VASANTHI D.L, HCGP)

THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 20.09.2019 PASSED IN LAC No.363/2016 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 13.03.2006 PASSED IN LAC NO.3/2006 ON THE FILE OF THE CIVIL JUDGE(SR DN), HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED U/S. 18 OF LAND ACQUISITION ACT.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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NC: 2026:KHC:6813 MSA No. 128 of 2025

HC-KAR

ORAL JUDGMENT

There is delay of 1312 days in filing the appeal and I.A.No.1/2025 is filed to condone the delay.

Learned Government Advocate would oppose the application on the premise that sufficient cause is not shown to allow the application and to condone the delay of 1312 days.

Heard the learned counsel appearing for the appellants and the learned Government Advocate.

This miscellaneous second appeal arises from the judgment and decree in L.A.C (Appeal) No.363/2016 dated 20.09.2019 passed by the Principal District Judge, Hassan (for brevity, 'the Appellate Court'), wherein the award in L.A.C No.03/2006 dated 13.03.2006 passed by the Civil Judge (Senior Division) Holenarasipura (for brevity, 'the Reference Court') was under challenge by the landloser. It is noticed that there is delay of 1312 days in filing the appeal.

It is submitted that the appellants are the landlosers and they have not received adequate compensation consequent to the land acquisition and they did not have the financial resource to file appeal by paying the Court fee.

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HC-KAR

It is further submitted that the appellants are the rustic villagers and they are not too familiar with the legal procedures.

Considering the fact that the case is about just compensation where the landlosers are alleging that adequate compensation is not paid and also considering the fact that the beneficiary has not been made a party to the proceedings, the Court is of the view that the matter requires reconsideration after making beneficiary as a party to the proceedings.

Under these circumstances, I.A.No.1/2025 is

allowed . Delay of 1312 days in filing the appeal is condoned.

However, it is made clear that in case the compensation is enhanced, the appellants are not entitled to interest for the delayed period of 1312 days.

It is noticed that before the Reference Court and before the Appellate Court, the beneficiary has not been made a party in a petition seeking enhancement of compensation.

The settled position of law is the beneficiary should be made a party. The Reference Court should have brought it

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HC-KAR

to the notice of the claimants before adjudicating the case on merits.

Under these circumstances, the impugned judgment

and award and impugned judgment and decree are set aside.

The matter is remitted to the Reference Court with a direction to the appellants/petitioners to implead beneficiary as a party to the proceedings.

The Reference Court shall hear the petitioners and the respondents including the beneficiary and permit them to lead evidence and thereafter, to pass award in accordance with law.

In case the compensation is enhanced, the appellants will not be entitled to interest on the enhanced compensation for 1312 days. It is made clear that this Court has not expressed any opinion on the merits of the matter. All the contentions are kept open.

The appeal is accordingly allowed-in-part .

SD/(ANANT RAMANATH HEGDE) JUDGE

CR/List No.: 1 Sl No.: 14