Karnataka Neeravari Nigam Ltd., vs The Special Land Acquisition ...
2021 Latest Caselaw 614 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 11TH DAY OF JANUARY 2021

                        BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


            M.F.A. NO.105113/2019 (LAC)

BETWEEN:

KARNATAKA NEERAVARI NIGAM LTD.
REP BY ITS EXECUTIVE ENGINEER KNNL
HIDKAL DAM, GRBC, DIVISION NO-3, GOKAK
TQ:GOKAK, DIST: BELAGAVI
                                             ...APPELLANT

(BY SRI. RAMESH N. MISALE, ADV.)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER
      (MARKKANDAY PROJECT), HIDKAL DAM,
      TQ.HUKKERI, DIST: BELAGAVI

2.    SIDDAPPA SHIVAPPA MALAKKANAVAR
      AGE: 32 YEARS,
      OCC: AGRICULTURE,
      R/O: HIREBUDNUR VILLAGE,
      TQ: SAUNDATTI,
      DIST: BELAGAVI.

3.    SHASHIKALA L DHARANATTI
      AGE: 30 YEARS,
      OCC: AGRICULTURE,
      R/O: HIREBUDNUR VILLAGE,
      TQ: SAUNDATTI,
      DIST: BELAGAVI.
                                  2




4.      HANAMANT SHIVAPPA MALAKANNAVAR
        AGE: 37 YEARS,
        OCC: AGRICULTURE,
        R/O: HIREBUDNUR VILLAGE,
        TQ: SAUNDATTI,
        DIST: BELAGAVI.

5.      RAYAWWA L MALAKKANAVAR
        AGE: 50 YEARS,
        OCC: AGRICULTURE,
        R/O: HIREBUDNUR VILLAGE,
        TQ: SAUNDATTI,
        DIST: BELAGAVI.

6.      MAHADEV SHIVAPPA MALAKKANAVAR
        AGE: 54 YEARS,
        OCC: AGRICULTURE,
        R/O: HIREBUDNUR 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 07.03.2019 PASSED IN LAC No.376/2017
ON   THE   FILE   OF   THE   I   ADDITIONAL DISTRICT   JUDGE,
BELAGAVI, AWARDING COMPENSATIN OF Rs.3,00,000/- PER
ACRE.


        THIS MFA COMING ON FOR ORDERS, THIS DAY THE
COURT DELIVERED THE FOLLOWING:
                               3




                         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withdrawn with liberty to file a Review Petition.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 MNS