Karnataka Neeravari Nigam Ltd., vs The Special Land Acquisition ...
2021 Latest Caselaw 285 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 6TH DAY OF JANUARY 2021

                        BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


           M.F.A. NO.104499 OF 2019 (LAC)

BETWEEN:

KARNATAKA NEERAVARI NIGAM LTD.
REP BY ITS EXECUTIVE ENGINEER KNNL
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, DIVSIION No.2,
TQ: HUKKERI, DIST: BELAGAVI

2 . THE PRL. SECRETARY, REVENUE DEPT.,
GOVERNMENT OF KARNATAKA,
M.S. BUILDING, BENGALURU.

YALLAPPA S/O YALLAPPA LACHAMAKKANAVAR
SINCE DECEASED BY HIS LRS,

3 . KANNAWWA
W/O YALLAPPA LACHAMAKKANAVAR,
AGE: 57 YEARS, OCC: HOUSEHOLD,
R/O: BUDIGOPPA, TQ: SAUNDATTI,
DIST: BELAGAVI.
                           2




4 . MAHADEVI W/O NAIKAPPA NANDI
AGE: 39 YEARS, OCC: HOUSEHOLD,
R/O: BUDIGOPPA, TQ: SAUNDATTI,
DIST: BELAGAVI.

5 . VITHAL
S/O YALLAPPA LACHAMAKKANAVAR,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: BUDIGOPPA, TQ: SAUNDATTI,
DIST: BELAGAVI.

6 . LAXMI
W/O YALLAPPA LACHAMAKKANAVAR,
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O: BUDIGOPPA, TQ: SAUNDATTI,
DIST: BELAGAVI.

7 . PRADEEP
S/O YALLAPPA LACHAMAKKANAVAR,
AGE: 11 YEARS, OCC: STUDENT,
R/O: BUDIGOPPA, TQ: SAUNDATTI,
DIST: BELAGAVI.

8 . GAYATRI
D/O YALLAPPA LACHAMAKKANAVAR,
AGE: 8 YEARS, OCC: STUDENT,
R/O: BUDIGOPPA, TQ: SAUNDATTI,
DIST: BELAGAVI.

9 . ADIVEWWA
D/O YALLAPPA LACHAMAKKANAVAR,
AGE: 21 YEARS, OCC: STUDENT,
R/O: BUDIGOPPA, TQ: SAUNDATTI,
DIST: BELAGAVI.

10 . HANUMANT
S/O YALLAPPA LACHAMAKKANAVAR,
AGE: 18 YEARS, OCC: STUDENT,
R/O: BUDIGOPPA, TQ: SAUNDATTI,
DIST: BELAGAVI.
                               3




11 . SURESH
S/O YALLAPPA LACHAMAKKANAVAR,
AGE: 17 YEARS, OCC: STUDENT,
R/O: BUDIGOPPA, TQ: SAUNDATTI,
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 12.03.2019 PASSED IN LAC No.186/2017
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.

     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

RD