Karnataka Neeravari Nigam Ltd vs The Special Land Acquisition ...

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 7TH DAY OF JANUARY 2021

                        BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

              M.F.A. NO.101353/2019 (LAC)

BETWEEN:

KARNATAKA NEERAVARI NIGAM LTD.
REP BY ITS EXECUTIVE ENGINEER KNNL
GRBC, DIVISION NO-2, HIDKAL DAM
TQ: HUKKERI, DIST: BELAGAVI
                                             ...APPELLANT
(BY SRI. RAMESH N. MISALE, ADV.)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER
      HIDKAL DAM, DIVISION NO 2,
      TQ:HUKKERI, DIST:BELAGAVI

2.    TOPANNA SHIDARAI KANABARAGI
      AGE:54, OCC:AGRICULTURE,
      R/O: YADDALABAVIHATTI,
      TQ: BELAGAVI, DIST: BELAGAVI
                                           ...RESPONDENTS
(BY SRI. V. S. KALASURMATH, HCGP FOR R1)

     THIS MFA IS FILED UNDER SECTION 74 OF THE LAND
ACQUISITION, R AND R ACT, 2013 AGAINST THE JUDGMENT
AND AWARD DATED 31.08.2018 PASSED IN LAC No.77/2017
ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE,
BELAGAVI, PARTLY ALLOWING THE REFERENCE PETITION FILED
UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION
AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT ACT, 2013.
                               2




     THIS MFA COMING ON FOR ORDERS, THIS DAY THE
COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned counsel appearing for the appellant has filed an application in I.A.No.1/2020 seeking for withdrawal of the appeal with liberty to file a Review Petition.

2. Accepting the reasons assigned in I.A.No.1/2020, the application is allowed and the appeal is dismissed as withdrawn with liberty to file a Review Petition.

3. Registry is directed to refund the Court fee as per Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958.

4. Learned Additional Government Advocate accepts notice for respondent No.1. He is permitted to file memo of appearance within a period of two weeks.

Sd/-

JUDGE NAA