Karnataka HC Removes Remand Conditions, Including 25% Deposit, Leaving Upper Krishna Land Compensation Claims For Fresh Decision at Reference Court

The appellant, Krishna Bhagya Jala Nigam Limited, was the beneficiary of land acquisitions but had not been made a party before the Reference Court, which had passed an award concerning the acquired lands.

The appellant challenged that award in a writ petition. The Single Judge set aside the award and remitted the matter, while imposing conditions numbered 4 to 9 on the remand proceedings.

The appellant appealed under Section 4 of the Karnataka High Court Act, 1961, seeking to have those conditions set aside. The private respondent was unserved; the Division Bench proceeded without notice in view of the safeguards it directed for the respondent.

Section 4 of the Karnataka High Court Act, 1961, provides the basis for the writ appeal.

The Court relied on the coordinate Bench’s decision in Writ Appeal No. 100475 of 2026, which held that where a writ petition succeeds on the ground that the beneficiary was absent from the Reference Court proceedings, the Reference Court should be left to determine the matter afresh in accordance with law; directions that restrict its discretion as to how the reference is to be decided should not be imposed.

The Court also followed the order in Writ Appeal No. 100590 of 2026 and connected matter, which applied that principle to similar conditions.

The appellant’s challenge concerned the conditions imposed on remand, not the setting aside of the Reference Court’s award or the remand itself.

Applying the coordinate Bench’s reasoning, the Division Bench concluded that the Reference Court should have a free hand to decide the reference in accordance with law, rather than be bound by the challenged conditions.

As the parties agreed that a similar order was appropriate, the Court disposed of the appeal on the same basis as the earlier connected appeal.

Although the private respondent had not been served in the appeal, the Court directed the Reference Court to issue notice to unserved parties before proceeding.

The parties were directed to appear before the Reference Court on 26 November 2026; the Reference Court was directed to issue notice to parties not served in the appeal and thereafter proceed in accordance with law.

Pending applications were disposed of.