The Karnataka Neeravari Nigam ... vs Special Land Acquisition ...
2021 Latest Caselaw 1658 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 26TH DAY OF FEBRUARY 2021

                        BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


           M.F.A. NO.100586/2019 (LAC)

BETWEEN:

KARNATAKA NEERAVARI NIGAM LTD.
EXECUTIVE ENGINEER, HBC DIVISION
ATHANI,
                                             .....APPELLANT
(BY SRI. RAMESH N. MISALE, ADV.)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER
      HIPPARGI BARRAGE PROJECT, ATHANI,

2.    BASAPPA S/O. SHIVAPPA KANAMADI,
      AGE:45 YEARS, OCC:AGRICULTURE,
      R/O: MANGASULI, ATHANI,
      P.A. HOLDER

3.    MALIKARJUN S/O. SHANKAR KHOT
      AGE:68 YEARS, OCC:AGRICULTURE,
      R/O: MANGASULI, ATHANI,

4.    BASAPPA S/O. SHANKAR KHOT,
      AGE:63 YEARS, OCC:AGRICULTURE,
      R/O: MANGASULI, ATHANI,

5.    VITTAL S/O. SHANKAR KHOT,
      AGE:60 YEARS, OCC:AGRICULTURE,
      R/O: MANGASULI, ATHANI,
                             2




6.   LAKKAPPA S/O. SHANKAR KHOT,
     AGE:55 YEARS, OCC:AGRICULTURE,
     R/O: MANGASULI, ATHANI,

7.   LAXMAN S/O. DANAPPA KANAMADI,
     AGE:57 YEARS, OCC:AGRICULTURE,
     R/O: MANGASULI, ATHANI,

8.   MALLAPPA S/O. BASAPPA KANAMADI,
     AGE:54 YEARS, OCC:AGRICULTURE,
     R/O: MANGASULI, ATHANI

                                           .....RESPONDENTS

(BY SRI. V. S. KALASURMATH, HCGP FOR R1)


     THIS MFA IS FILED UNDER SECTION 74 (1) OF THE
RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, R AND R ACT, 2013 AGAINST THE JUDGMENT
AND AWARD DATED 06.04.2018 PASSED IN LAC No.283/2015
ON THE FILE OF THE SR. CIVIL JUDGE, ATHANI, AWARDING
COMPENSATION OF Rs.5,00,000/- PER ACRE.

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


                      JUDGMENT

Learned counsel appearing for the appellant has filed

a memo for withdrawal of the appeal.

2. Memo is placed on record.

3. The appeal is dismissed as withdrawn.

3. Registry is directed to refund the Court fee, if

deposited, as per Section 66 of the Karnataka Court Fees

and Suits Valuation Act, 1958.

4. Learned H.C.G.P. accepts notice for respondent

No.1. He is permitted to file memo of appearance within a

period of two weeks.

Sd/-

JUDGE

NAA