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

[Cites 0, Cited by 0]

Karnataka High Court

Karnataka Niravari Nigam 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.104226/2019 (LAC)
BETWEEN
KARNATAKA NIRAVARI NIGAMA LIMITED
BY ITS EXECUTIVE ENGINEER, KNNL,
GRBCC, DIV, NO.2, HIDKAL DAM -591107,
TAL: HUKKERI, DIST: BELAGAVI
                                            ...APPELLANT
(BY SRI. R M KULKARNI, ADV.)

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

       SRI. SHIVARAYAPPA BALAPPA GANIGER,
       SINCE DECEASED BY LRS.

2.     SRI. MAHANTESH
       SHIVARAYAPPA GANIGER,
       AGE: 45 YEARS,
       OCC: AGRICULTURE,
       R/O: VANNUR VILLAGE
       NOW AT PANTH NAGAR,
       HONNIHAL - 591 103,
       TAL & DIST: BELAGAVI.

3.     SMT. SHILPA W/O. SHIVARAYAPPA GANIGER,
       AGE: MAJOR, OCC: HOUSEHOLD WORK,
       R/O: VANNUR VILLAGE - 591 121,
       NOW AT PANTH NAGAR,
       HONNIHAL - 591 103,
                          -2-

     TAL & DIST: BELAGAVI.

4.   SMT. MALA W/O. RAMESH TELI,
     AGE: 38 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: SANKESHWAR - 591 313,
     TAL: HUKKERI, DIST: BELAGAVI.

5.   SMT. PREMA W/O. MAHANTESH PATIL,
     AGE: 33 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O AT POST: MAJAGAON -590 008,
     TAL & DIST: BELAGAVI.

6.   THE PRINCIPAL SECRETARY,
     REVENUE DEPARTMENT,
     GOVERNMENT OF KARNATAKA,
     M. S. BUILDING, BENGALURU - 560 001

                                         ...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 05.02.2019 PASSED IN LAC NO.222/2017 ON

THE FILE OF THE I ADDL. DIST. & 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:
                           -3-

                      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 05.02.2019 passed in LAC No.222/2017 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 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. -4-

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

Unlock Advanced Research with PRISMAI

Karnataka High Court