KRISHNA BHAGYA JALA NIGAM LIMITED vs THE SPECIAL LAND ACQUISITION OFFICER
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE M.I.ARUN
AND
THE HON'BLE MRS JUSTICE USHARANI
WRIT APPEAL NO. 100572 OF 2026 (LA-RES)
BETWEEN:
KRISHNA BHAGYA JALA NIGAMA LTD.,
UPPER KRISHNA PROJECT, ALMATTI
REPRESENTED BY ITS MANAGING DIRECTOR,
TALUK. NIDAGUNDI, VIJAYAPURA DISTRICT-586201.
…APPELLANT
(BY SRI. CHETAN MUNNOLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT, BAGALKOTE
BAGALKOTE-587101.
2. THE SPECIAL D.C. AND GENERAL MANAGER
LAND ACQUISITION R AND R, UKP BAGALKOTE
BAGALKOTE-587101.
3.
THE DEPUTY COMMISSIONER,
NAVANAGAR, BAGALKOTE-587101.
4. SRI. KRISHNAPPA S/O. PANDAPPA LAXANI
OCC. AGRICUTLURE,
R/O. ALAGUNDI B.K., TALUK. MUDHOL,
DISTRICT. BAGALKOTE
Digitally
signed by
YASHAVANT
NARAYANKAR
Date:
2026.11.06
14:55:47
+0530
YASHAVANT
NARAYANKAR
- 2 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
5. SRI. PRALHAD
A/F YAMANAPPA DASAR
CLAIMANT IN LAC NO.5646/2021
AGE. 58 YEARS, OCC. AGRICULTURE,
R/O. ALAGUNDI B.K., TALUK. MUDHOL,
DISTRICT. BAGALKOTE.
6. SRI. PRALHAD
A/F YAMANAPPA DASAR
AGE. 58 YEARS, OCC. AGRICULTURE,
R/O. ALAGUNDI B.K., TALUK. MUDHOL,
DISTRICT BAGALKOTE.
7. SRI. KRISHNAPPA
S/O. PANDAPPA LAXANI,
OCC. AGRICULTURE,
R/O. ALAGUNDI B.K., TALUK. MUDHOL,
DISTRICT BAGALKOTE.
8. SRI. KRISHNAPPA
S/O. PANDAPPA LAXANI,
OCC. AGRICULTURE,
R/O. ALAGUNDI B.K., TALUK. MUDHOL,
DISTRICT. BAGALKOTE.
…RESPONDENTS
(BY SRI. GANGADHAR J.M. – AAG A/W
SRI. PRAVEEN K. UPPAR, AGA FOR R1 & R2;
NOTICE TO R4, R7 & R8 IS SERVED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT
AND FINAL ORDER DATED 16.06.2026 PASSED IN WP NO.
109857/2025 (LA RES) PASSED BY THE LEARNED SINGLE
JUDGE, INSOFAR AS IT RELATES TO IMPOSING CONDITIONS
- 3 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
NO. 4 TO 9 IN THE OPERATIVE PORTION THEREOF, IN THE
INTEREST OF JUSTICE AND EQUITY AND OR GRANT SUCH
OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
AND
HON'BLE MRS JUSTICE USHARANI
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.I.ARUN)
1. Heard the learned counsel for the appellant and
learned Additional Advocate General appearing for
the respondent - State.
2. The matter is being heard finally at this stage itself
without issuing notice to the un-served
respondent(s), in view of the safeguard provided
hereinafter to the said respondent(s)-original
claimant(s).
3. This is a case wherein Krishna Bhagya Jala Nigam
Limited, the appellant herein, and the beneficiary for
- 4 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
whose sake the lands belonging to the private
respondents have been acquired, was not made a
party to the proceedings before the Reference Court
and an award has been passed by the Reference
Court. Aggrieved by the same, W.P.No.109857/2025
was filed by the appellant and the learned Single
Judge by order dated 16.06.2026 was pleased to
remand the matter to the Reference Court by
imposing certain conditions. Aggrieved by the said
conditions, the present writ appeal is filed.
4. It is submitted by the parties concerned that, under
similar circumstances, in Writ Appeal No.100590 of
2026 and another connected matter, this Court has
come to the conclusion that notice is not required to
be served on the private respondents and has passed
the order allowing the writ appeals by doing away
with the conditions imposed by the learned Single
Judge. The order passed in Writ Appeal No.100590 of
- 5 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
2026 c/w Writ Appeal No.100503/2026 reads as
under:
“ Heard learned counsel for the appellant and
learned Addl. Advocate General appearing for
the respondents/State.
2. IA No.3/2026 is filed seeking condonation of
delay in preferring the appeals. Sufficient cause
is shown for the delay in the application that is
supported by a verifying affidavit. The delay is
condoned and the matter is being heard finally
at this stage itself without issuing notice in view
of the safeguard provided hereinafter for the
claimants.
3. These appeals are filed seeking to set-aside
the order dated 16.06.2026 passed in Writ
Petition No.109687/2025 & WP No.109600/2025
passed by the learned Single Judge insofar as it
relates to imposing conditions No.4 to 9 in the
operative portion thereof. The operative portion
of the order of the learned Single Judge reads as
follows:
(i) Writ Petitions are allowed.
(ii) The impugned judgment and
award passed by the Reference
Court are quashed.
- 6 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
(iii) Matters are remitted to the
Reference Court with a direction
to implead the
beneficiary/petitioner in these
writ petitions as a
party/respondent.
(iv) The beneficiary/petitioner is at
liberty to file statement of
objections and since the
claimants/land owners have
already led their evidence,
beneficiary/petitioner is at liberty
to cross-examine the
claimants/land owners, if
necessary and it is also at liberty
to lead its evidence, if any.
(v) On remand, the Reference Court
shall call for information from the
land owners as well as the
beneficiary as to whether the
beneficiary or the Special Land
Acquisition Officer has satisfied
payment of the enhanced
compensation in respect of the
similarly placed lands.
(vi) If the Reference Court is satisfied
that enhanced compensation has
been satisfied by the
beneficiary/SLAO, then reference
in respect of the land owners
shall also be disposed of in
similar terms, as expeditiously as
possible, but not later than a
period of six months from the
date of receipt of copy of this
order.
- 7 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
(vii) If the Reference Court is satisfied
that the beneficiary/SLAO has not
satisfied the enhanced
compensation in respect of any
other lands similarly placed, then
the Reference Court may proceed
to reconsider the reference while
also considering the objections
permitted to be filed by the
beneficiary/petitioner and dispose
of the case on merits as
expeditiously as possible, but not
later than a period of one year
from the date of receipt of copy
of this order.
(viii) The petitioner shall deposit 25%
of the compensation amount
awarded by the Reference Court
in the impugned judgment and
orders, pending disposal of the
LAC appeals before the Reference
Court and the same shall be
invested in interest bearing
deposit by the Reference Court.
The petitioner shall deposit 25%
of the amount as aforesaid within
a period of two months from the
date of receipt of copy of this
order.
(ix) In the event, the petitioner does
not comply condition No.viii as
aforesaid, the land owners are at
liberty to file necessary
application before the Reference
Court bringing to its notice about
the non-compliance, and in such
event, the Reference Court shall
pass appropriate orders on the
said applications, expeditiously,
- 8 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
but not later than a period of one
month from the date of filing of
such applications.
4. Learned counsel for the appellant states that
in another writ appeal arising out of the common
judgment passed by the learned Single Judge,
the issue sought to be raised also in the present
appeal has been considered and it has been held
that the Reference Court must be given a free
hand to decide the matter in accordance with
law.
5. We have perused and are in respectful
agreement with the judgment of a co-ordinate
Bench of this Court in Writ Appeal No.100475 of
2026 passed on 06.08.2026. The learned co-
ordinate Bench has observed as follows:
“7. We are of the view that the
Reference Court must be given a free
hand to decide the matter in accordance
with law. The writ petition was filed solely
on the legal contention that the judgment
and award passed in the absence of the
beneficiary was legally unsustainable. If
that was the only ground raised and
accepted, it was not appropriate for the
learned Single Judge to impose conditions
which have the effect of restricting the
discretion of the Reference Court
regarding the manner in which the
reference is to be decided.
- 9 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
8. Accordingly, while upholding the
order of the learned Single Judge setting
aside the judgment and award passed by
the Reference Court, Directions Nos. I to
iii contained in the operative portion of
the order are affirmed. However, the
observations and directions contained in
Conditions Nos. iv to ix are set aside.
9. The Reference Court shall endeavour
to dispose of the reference expeditiously.
Liberty is reserved to the claimants to
approach this Court for appropriate
directions in the event of any undue delay
in the disposal of the reference.
10. The parties shall appear before the
Reference Court, without awaiting any
further notice, on 02.09.2026.
11. The beneficiary, the State, as well
as the claimants, are directed not to seek
unnecessary adjournments and shall
extend full co-operation for the
expeditious disposal of the reference.
12. Accordingly, this Court proceeds to
pass the following:
ORDER
(i) The writ appeal is allowed in
part .
(ii) The order dated 16.06.2026
passed by the learned Single Judge
in W.P. No.109865/2025 is affirmed
insofar as it sets aside the
judgment and award passed by the
Reference Court and remits the
matter for fresh consideration.
- 10 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
(iii) The observations and
directions contained in Conditions
Nos. (iv) to (ix) of the operative
portion of the order passed by the
learned Single Judge are hereby set
aside.
(iv) The Reference Court shall
consider and dispose of the
reference proceedings afresh in
accordance with law.
(v) The parties shall appear before
the Reference Court on 02.09.2026
without awaiting further notice and
shall extend full co-operation for
expeditious disposal of the
proceedings.”
6. We are of the opinion that the matter can be
disposed of at this stage in terms of the
aforesaid judgment dated 06.08.2026 passed in
Writ Appeal No.100475 of 2026, with a direction
to the parties present today to appear before the
Reference Court on 26.10.2026. Thereafter, the
Reference Court is requested to issue notice to
the claimants and other interested parties, if
any, and proceed with the matter in accordance
with law.
7. Accordingly, the appeals are disposed of.
All pending applications are closed. ”
- 11 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
5. Learned counsel for the appellant, as well as the
learned AAG, submits that a similar order may be
passed in the present writ appeal also.
6. We do not see any reason why an order passed in
Writ Appeal No.100590/2026 and another connected
matter should not be passed in the present appeal
also.
7. For the aforementioned reasons, the instant writ
appeal stands disposed of in terms of the order
passed in Writ Appeal No.100590/2026 and another
connected matter, by fixing the date of appearance
of the parties before the Reference Court on
26.11.2026 . The Reference Court is hereby
directed to cause issuance of notice to the parties
who are not served in the instant appeal, about the
proceedings and thereafter proceed with the matter
in accordance with law.
- 12 -
HC-KAR
NC: 2026:KHC-D:17809-DB
WA No. 100572 of 2026
CNR: KAHC020154352026
8. In view of the disposal of the main appeal, pending
I.As., if any, do not survive for consideration and are
accordingly disposed of.
Sd/-
(M.I.ARUN)
JUDGE
Sd/-
(USHARANI)
JUDGE
KGK
CT:CNB
List No.: 1 Sl No.: 0