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

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Karnataka High Court

Karnataka Niravari Nigama 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.104708/2019 (LAC)

BETWEEN

KARNATAKA NIRAVARI NIGAMA LIMITED
BY ITS EXECUTIVE ENGINEER,
KNNL, MLBCC, DIV.NO.2, NAVILUTEERTH-591126,
TQ: SAUNDATTI, DIST: BELAGAVI.
                                              ...APPELLANT
(BY SRI. R M KULKARNI, ADV.)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER
      MP-III, BAGALKOTE, NOW AT SECTOR NO.60,
      NAVANAGAR, BAGALKOTE-587103.

2.    SRI.MALLAPPA SHIVAPPA MEESHI
      AGE: MAJOR, OCC: AGRICULTURE,
      R/O: ANIGOL-591102., TQ: BAILHONGAL,
      DIST: BELAGAVI.
                                         ...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GA FOR R1,
SRI.K.H.BAGI, ADV. FOR C/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 15.04.2019 PASSED IN LAC NO.685/2017 ON
THE FILE OF THE I ADDL. DIST. & SESSIONS JUDGE,
BELAGAVI, AWARDING THE COMPENSATION OF RS.6,09,600/-
PER ACRE.
                            -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 15.04.2019 passed in LAC No.685/2017 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.

Learned counsel for the caveator respondent No.2 opposes the grant of liberty to prefer a review petition in the light of the fact that it is statutorily provided. That apart, no other ground is made out as to why this Court should adopt a different view 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 -3- 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.

Sd/-

JUDGE Sd/-

JUDGE Rsh

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