Karnataka Niravari Nigam Limited vs The Special Land Acquisition Officer on 22 October, 2020

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Karnataka High Court

Karnataka Niravari Nigam Limited vs The Special Land Acquisition Officer on 22 October, 2020

Bench: G.Narendar

                           -1-

       IN THE HIGH COURT OF KARNATAKA
               DHARWAD BENCH

 DATED THIS THE 22ND DAY OF OCTOBER 2020

                        PRESENT

      THE HON'BLE MR. JUSTICE G.NARENDAR

                           AND

       THE HON'BLE MR. JUSTICE M.I.ARUN

           M.F.A. NO.104203/2019 (LAC)

BETWEEN

KARNATAKA NIRAVARI NIGAMA LIMITED
BY ITS EXECUTIVE ENGINEER,
KNNL, GRBCC, DIV. NO.2, HIDKAL DAM-591107,
TQ: HUKKERI, DIST: BELAGAVI.
                                             ...APPELLANT
(BY SRI. R M KULKARNI, ADV.)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER
      HIDKAL DAM PROJECT, HIDKAL DAM-591107,
      TQ: HUKKERI, DIST: BELAGAVI.

2.    SRI.RAMAPPA S/O KALLAPPA KENCHANNAVAR
      AGE: 42 YEARS, OCC: AGRICULTURE,
      R/O: YADDALBHAVIHATTI-591103,
      TQ. & DIST. BELAGAVI.
                                         ...RESPONDENTS
(BY SMT.SUNANDA P. PATIL, ADV. FOR CAVEATOR R2)

      THIS MFA IS FILED UNDER SECTION 74(1) OF RIGHT TO
FAIR   COMPENSATION AND       TRANSPARENCY    IN   LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,
2013, (RFCTLARR ACT, 2013) AGAINST THE JUDGMENT AND
AWARD DATED 24.11.2018 PASSED IN LAC NO.106/2017 ON
THE FILE OF THE I ADDL. DIST. JUDGE, BELAGAVI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
64 OF THE RFCTLARR ACT, 2013.
                                 -2-

     THIS MFA COMING ON FOR ORDERS,                 THIS      DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:

                         JUDGMENT

I.A. No.1/2020 is preferred by the appellant praying to withdraw the appeal and permit the appellant to seek review of the judgment and award dated 24.11.2018 passed in LAC No.106/2017 by the Court of the I Additional District and Sessions Judge, Belagavi. A copy of a similar order reserving such liberty passed by the Coordinate Bench in MFA No.100268/2020 is placed on record.

There is no reason as to why this Court should adopt a different view than as adopted by the Coordinate Bench while disposing of MFA No.100268/2020.

In that view of the matter, I.A. No.1/2020 is allowed. Appeal is dismissed as withdrawn with liberty to approach the Trial Court for review. If such petition for review is preferred, the same shall be considered for disposal in accordance with law. -3-

In view of the withdrawal of the appeal, the appellant would be entitled to admissible refund as provided under the Act.

Sd/-

JUDGE Sd/-

JUDGE Rsh

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