Karnataka Neeravari Nigam Ltd., vs The Special Land Acquisition ...
2021 Latest Caselaw 728 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.104487/2019 (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.    MARUTI FAKIRAPPA ALADAKATTI,
      AGE 40 YEARS, 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 06.03.2019 PASSED IN
LAC NO.174/2017 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.
                                   2




     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application is allowed and the appeal is dismissed as withdrawn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*