Karnataka Neeravari Nigam Limited vs The Special Land Acquisition Officer on 1 December, 2020

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Karnataka High Court

Karnataka Neeravari Nigam Limited vs The Special Land Acquisition Officer on 1 December, 2020

Bench: G.Narendar

                           -1-

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 1ST DAY OF DECEMBER 2020

                        PRESENT

       THE HON'BLE MR. JUSTICE G.NARENDAR

                           AND

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

             M.F.A. NO.104073/2019 (LAC)
BETWEEN:

KARNATAKA NIRAVARI NIGAM LIMITED
BY ITS EXECUTIVE ENGINEER,
MALAPRABHA PROJECT, DKN,
DIVISION-I, NARAGUND-582 207,
TAL: & DIST: DHARWAD.
                                           -   APPELLANT
(BY SRI. R M KULKARNI, ADV.)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER,
      MALAPRABHA PROJECT-III, BAGALKOT-587 101,
      TAL: & DIST: BAGALKOT..

2.    STATE OF KARNATAKA REPRESENTED
      BY DEPUTY COMMISSIONER,
      BELAGAVI DISTRICT, BELAGAVI.

3.    SRI BHIMAREDDY S/O APPANNA METI,
      AGE: 59 YEARS, OCC: NOT KNOWN,
      R/O KAGADAL VILLAGE-591 110,
      TALUKA: SAUNDATTI, DIST: BELAGAVI.

4.    SRI MUTTURADDY S/O BHIMAREDDY METI,
      AGE: 27 YEARS, OCC: NOT KNOWN,
      R/O KAGADAL VILLAGE,
      TALUKA: SAUNDATTI, DIST: BELAGAVI.
                                     -    RESPONDENTS
(BY SRI G.K. HIREGOUDAR, ADVOCATE FOR R1 & R2,
SRI B.V. SOMAPUR, ADVOCATE FOR R3-R4)
                            -2-

     THIS MISCELLANEOUS FIRST APPEAL 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 26.04.2019 PASSED IN
LAC NO. 260/2018 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 MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS, THIS DAY, M.I. ARUN J., DELIVERED THE
FOLLOWING:

                      JUDGMENT

I.A. No.3/2020 is preferred by the appellant praying to withdraw the appeal and permit the appellant to seek review of the judgment and award dated 26.04.2019 passed in LAC No. 260/2018 by the Court of the I Additional District and Sessions Judge, Belagavi. A copy of a similar order reserving such liberty passed by the Co-ordinate 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 Co-ordinate Bench while disposing of MFA No.100268/2020. -3-

In that view of the matter, I.A. No.3/2020 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.

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

In view of dismissal of the appeal as withdrawn, I.A. No. 1/2020 does not survive for consideration. Accordingly, I.A. NO. 1/2020 stands disposed off.

SD/-

JUDGE Sd/-

JUDGE Bvv

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