Syed Sarvar Hussaini S/O Syed ... vs The Chief Engineer,Knnl Ip Zone ...
2022 Latest Caselaw 12028 Kant

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 21ST DAY OF SEPTEMBER 2022

                             PRESENT

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                              AND

        THE HON'BLE MR. JUSTICE ANIL B. KATTI

MISCELLANEOUS FIRST APPEAL No.32630/2013 (LAC)

BETWEEN:

Syed Sarvar Hussaini
Since deceased by his L.R.

Syed Hameed Hussain
So Late Syed Hameed Hussaini
Age: 32 years, Occ: Agriculture
R/o Nagur,
Tq. & Dist. Kalaburagi
                                                   ... Appellant
(By Sri Ganesh S. Kalburgi and Sri Ananth S.J., Advocates)

AND:

1.     The Chief Engineer,
       KNNL IP Zone, Kalaburagi

2.     The Executive Engineer
       KNNL, Bennitora Divn. No.1
       Kalaburagi

3.     The Special Land Acquisition Officer
       M & M.I.P. Kalaburagi
                                                 ... Respondents
                                                        MFA No.32630/2013
                                    2




(By Sri Gourish S. Kashampur, Advocate for R1 and R2;
 Sri Mallikarjun C. Basareddy, Govt. Advocate for R3)


      This Miscellaneous First Appeal is filed under Section
54(1) of the Land Acquisition Act, praying to allow this appeal
and to enhance the compensation by modifying the judgment
and award dated 07.08.2013 passed in LAC No.242/2006 by
the learned III Addl. Senior Civil Judge, Gulbarga, by fixing the
market value at `27,80,000/- with all consequential and
statutory benefits etc., in the interest of justice.


      This   appeal   coming    on       for   final    hearing,    through
physical       hearing/video            conference,         this        day
Dr.H.B.Prabhakara Sastry J., made the following:


                               ORDER

Learned counsels on record for the appellant

Sri Ganesh S. Kalburgi or Sri Ananth S. J. are neither

present physically nor through video conference. Learned

counsel Sri Yashas Dixit is physically present and prays for

a week's accommodation. Admittedly, the said learned

counsel Sri Yashas Dixit, though permitted, has not filed

vakalath for the appellant. The counsel for the appellant

Sri Ganesh Kalburgi and Sri Ananth S.J., who as on the date,

hold vakalath for the appellant, have remained absent.

MFA No.32630/2013

The appeal is of the year 2013. It is a land

acquisition matter of the year 2006. Thus, for sixteen

years a land acquisition matter has not reached its finality

and the appellant is still seeking time. However, today the

learned counsels for the appellant on record have also

remained absent. As such, the appeal stands dismissed

for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

swk