Karnataka High CourtCivil Procedure and EvidenceProperty and Real Estate Law

Karnataka HC Removes 25% Award-Deposit Condition For Project Beneficiary, Upholds Fresh Compensation Hearing

KRISHNA BHAGYA JALA NIGAM LIMITEDv.THE SPECIAL LAND ACQUISTION OFFICER

Karnataka HC Removes 25% Award-Deposit Condition For Project Beneficiary, Upholds Fresh Compensation Hearing. KRISHNA BHAGYA JALA NIGAM LIMITED vs THE SPECIAL LAND ACQUISTION OFFICER. Karnataka High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

1. Whether the conditions imposed by the learned Single Judge, including the 25% deposit requirement, should be set aside while leaving the remand for fresh consideration intact.

The court held

The appeal was disposed of. The order setting aside the Reference Court’s award and remitting the matter for fresh consideration was upheld; conditions (iv) to (ix) of the Single Judge’s order were set aside.

It also directed

The parties were directed to appear before the Reference Court on 26 November 2026, without awaiting further notice, and to cooperate in expeditious disposal.

Pending applications, if any, were also disposed of.

01Facts

Krishna Bhagya Jala Nigama Limited, the beneficiary of land acquired by the State, had not been impleaded before the Reference Court, which subsequently made awards concerning the acquired land.

p. 3

The Nigama challenged those awards by writ petition, asserting that the compensation was excessive and that it should have been heard

p. 3

The learned Single Judge set aside the awards and remanded the matter for fresh consideration, but imposed conditions, including a requirement to deposit 25% of the award amount

p. 4

The Nigama appealed against conditions (iv) to (ix), relying on a coordinate Bench’s decision setting aside similar conditions in Writ Appeal No. 100476 of 2026.

pp. 4–5

The parties had no objection to disposal on the same terms.

p. 6

02Issues

i.1. Whether the conditions imposed by the learned Single Judge, including the 25% deposit requirement, should be set aside while leaving the remand for fresh consideration intact.

pp. 4–6

ii.2. Whether the appeal should be disposed of in terms of the coordinate Bench’s decision in Writ Appeal No. 100476 of 2026.

pp. 4–6

03Law Applied

The appeal was brought under Section 4 of the Karnataka High Court Act, 1961.

p. 2

The Court applied the approach taken by a coordinate Bench in Writ Appeal No. 100476 of 2026: where an award is set aside and the matter remanded for fresh consideration, the Reference Court is to reconsider the matter in accordance with law, without the impugned conditions imposed by the Single Judge.

pp. 4–5

Provisions in the judgment · 1 · Linked ones open on LawLens

KARNATAKA HIGH COURT ACT, 1961 Section 4

04Reasoning

The Court found that the present appeal involved facts and conditions similar to those considered in Writ Appeal No. 100476 of 2026.

pp. 4–6

The parties did not object to following that decision.

p. 6

Accordingly, the Court preserved the Single Judge’s decision to set aside the Reference Court’s award and remit the matter, while removing conditions (iv) to (ix), leaving the Reference Court to decide the proceedings afresh in accordance with law.

p. 7

05Holding

The appeal was disposed of. The order setting aside the Reference Court’s award and remitting the matter for fresh consideration was upheld; conditions (iv) to (ix) of the Single Judge’s order were set aside.

p. 6

The parties were directed to appear before the Reference Court on 26 November 2026, without awaiting further notice, and to cooperate in expeditious disposal.

p. 7

Pending applications, if any, were also disposed of.

p. 7
Karnataka High Court

Original Court PDF

KRISHNA BHAGYA JALA NIGAM LIMITEDvsTHE SPECIAL LAND ACQUISTION OFFICER

Karnataka High Court · October 29, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment