Karnataka Neeravari Nigam Ltd., vs The Special Land Acquisition ...
2021 Latest Caselaw 699 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 12TH DAY OF JANUARY 2021

                        BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

             M.F.A. No.104479/2019 (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, DIVISION NO 2,
      TQ: HUKKERI, DIST: BELAGAVI.

2.    THE PRL. SECRETARY, REVENUE DEPT.,
      GOVERNMENT OF KARNATAKA, MS BLDG.,
      BENGALURU.

3.    TULASAWWAA W/o. SAVANT MOKASHI, ,
      AGE 67 YEARS, OCC: AGRICULTURE,
      R/O.: BUDIGOPPA,
      TQ.: SAUNDATTI, DIST.: BELAGAVI.

4.    PRAKASH NINGAPPA ANCHI,
      AGE MAJOR, OCC: AGRICULTURE,
      R/O.: BUDIGOPPA,
                                   2




      TQ.: SAUNDATTI, DIST.: BELAGAVI.

5.    RAMESH ADIVEPPA ANCHI,
      AGE MAJOR, OCC: AGRICULTURE,
      R/O.: BUDIGOPPA,
      TQ.: SAUNDATTI, DIST.: BELAGAVI.
                                                ...RESPONDENTS

(BY SRI. V. S. KALASURMATH, HCGP FOR R1 & R2)


     THIS MFA IS FILED UNDER SECTION 74 OF THE LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
AGAINST THE JUDGMENT AND AWARD DATED 01.03.2019
PASSED IN LAC NO.164/2017 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application is allowed and the appeal is dismissed as withdrawn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 Nos.1 and 2. He is permitted to file memo

of appearance within a period of two weeks.

SD/-

JUDGE

Vnp*