Sri G Shankarappa vs The Special Land Acquisition ...
2021 Latest Caselaw 1772 Kant

                             1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 17TH DAY OF MARCH 2021

                       PRESENT

       THE HON'BLE MR.JUSTICE ALOK ARADHE

                         AND

 THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD

            MFA NO.4220 OF 2014(LAC)

BETWEEN:

Sri. G.Shankarappa,
S/o Chandrappa,
Aged about 60 years
Dodderi Village,
Honnali Taluk,
Davanagere District-577217.

                                          .... Appellant
(By Sri. Rakshith Jois Y.P., Advocate.)

AND

1.    The Special Land
      Acquisition Officer,
      Upper Tunga Project,
      Shimoga-577 201.

2.    The Executive Engineer,
      Upper Tunga Project No.5,
      Honnali,
                            2




     Davanagere District-577217.

                                          ...Respondents
(By Sri. S.B.Matpati, AGA. for R1:
Sri. Prashanth B.R., Advocate for
Sri. M.R.C.Ravi, Advocate for R2)

      This MFA is filed under Section 54(1) of Land
Acquisition Act, against the judgment and award
dated:01.10.2010 passed on LAC No.20/2006 on the
file of the Senior Civil Judge, Harihar, accepting the
reference for compensation and seeking enhancement
of compensation.

    This MFA coming on for hearing, this day, Alok
Aradhe J., delivered the following:

                        JUDGMENT

Mr.Rakshit Jois Y.P., learned counsel for the

appellant. Mr.S.B.Mathapati, Additional Government

Advocate for respondent No.1. Mr.Prashanth B.R., on

behalf of Mr.M.R.C.Ravi, learned counsel for

respondent No.2.

2. This appeal under Section 54(1) of the Land

Acquisition Act has been filed by the claimant in LAC

No.20/2006 against the common judgment dated

01.10.2010, by which the Reference Court has

determined the market value of the land at

Rs.2,38,500/- per acre.

3. After arguing the matter to some extent,

learned counsel for the appellant seeks leave of this

Court to withdraw the appeal with the liberty to file an

application for review of the judgment dated

01.10.2010 passed by the Reference Court.

4. The learned Additional Government Advocate

for respondent No.1 as well as learned counsel for

respondent No.2 have vehemently opposed the prayer

for withdrawal of the appeal.

5. We have considered the submissions made on

both sides. In view of the law laid down by the

Hon'ble Supreme Court in the case of 'STATE OF

MAHARASHTRA vs. RAMDAS SHRINIVAS NAYAK

& ANOTHER' AIR 1982 SC 1249 and in view of the

contentions raised by the learned counsel for the

appellant that many of the contentions raised by the

appellant has not been considered by the Reference

Court, this appeal is dismissed as withdrawn with the

liberty to file an application for review.

Needless to state that in case, such an

application for review is filed within a period of 30

days from the date of receipt of a copy of the order

passed today, the appellant shall be entitled to claim

the benefit under Section 14 of the Limitation Act,

1963. In addition, the amount of court fee deposited

by the appellant be refunded to him.

Sd/-

JUDGE

Sd/-

JUDGE

Cm/-