Karnataka Niravari Nigama Limited vs The Special Land Acquisition Officer on 17 November, 2020

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Karnataka High Court

Karnataka Niravari Nigama Limited vs The Special Land Acquisition Officer on 17 November, 2020

Bench: G.Narendar

                           -1-

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 17TH DAY OF NOVEMBER 2020

                        PRESENT

        THE HON'BLE MR. JUSTICE G.NARENDAR

                           AND

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

             M.F.A. NO.104715/2019 (LAC)
BETWEEN
KARNATAKA NIRAVARI NIGAMA LIMITED
BY ITS EXECUTIVE ENGINEER, KNNL,
MLBCC, DIV, NO.2, NAVILUTEERTH -591126,
TAL: SAUNDATTI, DIST: BELAGAVI
                                               ...APPELLANT
(BY SRI. R M KULKARNI, ADV.)

AND
1.     THE SPECIAL LAND ACQUISITION OFFICER,
       MP-III, DHARWAD,
       NOW AT SECTOR NO.60, NAVANAGAR,
       BAGALKOT-587 103.

2.    SHRI. KRISHNAGOUDA BHIMAGOUDA PATIL,
      AGE: 46 YEARS, OCC: AGRICULTURE,
      R/O. HITTANAGI - 591 126.
      TAL: SAUNDATTI, DIST: BELGAVI
                                       ...RESPONDENTS
(BY SRI. PRAVEEN K UPPAR, HCGP FOR R1;

      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 19.03.2019 PASSED IN LAC NO.78/2018 ON THE
FILE OF THE I-ADDL. DISTRICT AND SESSIONS JUDGE,
BELAGAVI, PARTLY ALLOWING THE REFERENCE PETITION
FILED UNDER SECTION 64 OF THE RFCTLARR ACT, 2013.

     THIS MFA COMING ON FOR ORDERS,             THIS   DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:
                           -2-


                      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 19.03.2019 passed in LAC No.78/2018 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 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 Appeal is dismissed as withdrawn with liberty to approach the Trial Court for review.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 yan

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