Karnataka HC Removes Single Judge’s 25% Deposit And Payment-Parity Conditions From Land Compensation Remand

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

The appellant successfully challenged that award in W.P. No. 108677/2025; the Single Judge set aside the award and remitted the matter, but imposed conditions numbered 4 to 9 on the proceedings after remand.

The appellant appealed only against those conditions.

The parties submitted that the appeal could be decided consistently with the Division Bench’s earlier order in W.A. No. 100590/2026 and connected matters.

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

The Court applied the coordinate Bench’s ruling in W.A. No. 100475/2026, which held that where a remand follows the setting aside of an award because the beneficiary was not joined, the Reference Court should be left to decide the reference in accordance with law; additional directions that restrict its discretion should be set aside.

That ruling affirmed the setting aside and remand while vacating conditions (iv) to (ix).

The appellant’s challenge concerned only the conditions attached to the remand, not the setting aside of the Reference Court’s award or the direction to implead the beneficiary.

The Court considered the coordinate Bench’s reasoning applicable and agreed that the Reference Court should have a free hand to decide the reference in accordance with law, rather than be constrained by the additional conditions.

It therefore followed the earlier order, while directing that the Reference Court issue notice to the parties not served in the appeal.

The Single Judge’s order setting aside the award and remitting the matter remained in place, while conditions 4 to 9 were set aside.

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 also disposed of.