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

Citation : 2021 Latest Caselaw 438 Kant
Judgement Date : 7 January, 2021

Karnataka High Court
Karnataka Neeravari Nigam Ltd., vs The Special Land Acquisition ... on 7 January, 2021
Author: Ashok S. Kinagi
           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.104508/2019 (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.    THE PRL. SECRETARY
      REVENUE DEPT.,
      GOVERNMENT OF KARNATAKA,
      M.S. BUILDING,
      BENGALURU.

3.     RAMACHANDRA MALLAPPA KALAL @ PASALKAR
      AGE: 40 YEARS, OCC: AGRICULTURE,
      R/O: BUDIGOPPA, TQ: SAUNDATTI,
      DIST: BELAGAVI.
                                         ...RESPONDENTS
(BY SRI. V. S. KALASURMATH, HCGP FOR R1)
                                   2




        THIS MFA IS FILED UNDER SECTION 74 OF THE LAND
ACQUISITION, R AND R ACT, 2013 AGAINST THE JUDGMENT
AND AWARD DATED 20.03.2019 PASSED IN LAC No.196/2017
ON   THE    FILE   OF   THE   I   ADDITIONAL DISTRICT   JUDGE,
BELAGAVI, AWARDING COMPENSATIN OF Rs.4,20,000/- PER
ACRE.


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 Accepting the reasons assigned in I.A.No.1/2020, the application is allowed and the appeal is dismissed as withdrawn with liberty to file a Review Petition.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

3

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