Karnataka Neeravari Nigam Ltd. vs The Special Land Acqusition ...
2021 Latest Caselaw 519 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 8TH DAY OF JANUARY 2021

                        BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


           M.F.A. NO.102092/2019 (LAC)

BETWEEN:

KARNATAKA NEERAVARI NIGAM LTD.
REP BY ITS EXECUTIVE ENGINEER KNNL
MARKHANDEY PROJECT, GRBC,
DIVISION NO-3, GOKAK,
TQ: GOKAK, 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

YALLAPPA SHIVAPPA NADUVIN,
SINCE DECEASED BY HIS LR'S

2.    ULAVAPPA YALLAPPA NADUVIN,
      AGE: 47 YEARS, OCC: AGRICULTURE,

3.    SHIVAPPA YALLAPPA NADUVIN,
      AGE: 54 YEARS, OCC: AGRICULTURE,

4.    BALAPPA YALLAPPA NADUVIN,
      AGE: 50 YEARS, OCC: AGRICULTURE,

5.    DURGAPPA YALLAPPA NADUVIN,
      AGE: 45 YEARS, OCC: AGRICULTURE,
                                   2




6.      MAHADEVI RAYAPPA POLICE,
        AGE: 52 YEARS, OCC: AGRICULTURE,

7.      HANAMAVVA W/O YALLAPPA NADUVIN,
        AGE: 74 YEARS, OCC: AGRICULTURE,

8.      FAKIRAWWA W/O PRAKASH TALAWAR,
        AGE: 40 YEARS, OCC: AGRICULTURE,

9.      FAKIRAPPA YALLAPPA NADUVIN,
        AGE: 50 YEARS, OCC: AGRICULTURE,

10.     MALLAPPA LAXMAN NADUVIN,
        AGE: 78 YEARS, OCC: AGRICULTURE,

11.     SHIVAPPA LAXMAN NADUVIN,
        AGE: 50 YEARS, OCC: AGRICULTURE,

12.     BASAPPA LAXMAN NADUVIN,
        AGE: 42 YEARS, OCC: AGRICULTURE,

13.     KAREPPA LAXMAN NADUVIN,
        AGE: 47 YEARS, OCC: AGRICULTURE,

ALL ARE R/O KADABI VILLAGE,
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 06.12.2018 PASSED IN LAC No.310/2017
ON    THE   FILE   OF   THE   I   ADDITIONAL DISTRICT   JUDGE,
BELAGAVI, AWARDING COMPENSATIN OF Rs.3,00,000/- PER
ACRE.
                                3




        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 HCGP accepts notice for respondent

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

period of two weeks.

SD/-

JUDGE

MBS/-