Karnataka Neeravari Nigam Ltd., vs The Special Land Acquisition ...
2021 Latest Caselaw 813 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 13TH DAY OF JANUARY 2021

                        BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


             M.F.A. NO.104439/2019 (LAC)

BETWEEN:

KARNATAKA NEERAVARI NIGAM LTD.,
REP. BY ITS EXECUTIVE ENGINEER KNNL
MLBC DIVISION NO.2, NAVILUTEERTH
TQ: SAVADATTI, IST: BELAGAVI
                                           ...APPELLANT
(BY SRI. RAMESH N. MISALE, ADV.)


AND

1. THE SPECIAL LAND ACQUISITION OFFICER
   MALAPRABHA PROJECT NO.3,
   TQ: SAVADATTI, IST: BELAGAVI

  KLLAPPA BASAVANNEPPA GANIGER,
  DECEASED BY HIS LRS

2. SHIVAPPA KALLAPPA GANIGER,
   AGE: 59 YEARS, OCC: AGRICULTURE,
   R/O. LINGADALLI, TQ: BAILHONGAL,
   DIST: BELAGAVI.

3. NINGAPPA KALLAPPA GANIGER
   AGE: 55 YEARS, OCC: AGRICULTURE,
   R/O. LINGADALLI, TQ: BAILHONGAL
   DIST: BELAGAVI
                                  2




4. MUTTAWWA W/O. MALLAPPA KONANNAVAR
   AGE: 48 YEARS, OCC: AGRICULTURE,
   R/O. LINGADALLI, TQ: BAILHONGAL
   DIST: BELAGAVI

5. MALLIKARJUN KALLAPPA GANIGER
   AGE: 59 YEARS, OCC: AGRICULTURE,
   R/O. LINGADALLI, TQ: BAILHONGAL
   DIST: BELAGAVI

6. BASAVVA W/O. BASAPPA GUNJAL
   AGE: 41 YEARS, OCC: AGRICULTURE,
   R/O. LINGADALLI, TQ: BAILHONGAL
   DIST: BELAGAVI

7. SURESH KALLAPPA GANIGER
   AGE: 39 YEARS, OCC: AGRICULTURE,
   R/O. LINGADALLI, TQ: BAILHONGAL
   DIST: BELAGAVI

8. PRAKASH KALLAPPA GANIGER
   AGE: 38 YEARS, OCC: AGRICULTURE,
   R/O. LINGADALLI, TQ: BAILHONGAL
   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 15.04.2019 PASSED IN LAC No.331/2017
ON   THE   FILE   OF   THE   I   ADDITIONAL DISTRICT   JUDGE,
BELAGAVI, AWARDING COMPENSATIN OF Rs.7,12,000/- 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withdrawn with liberty to file a Review Petition.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 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

NAA