Karnataka Neeravari Nigam Ltd vs The Special Land Acquisition ...
2023 Latest Caselaw 6165 Kant

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                                                        NC: 2023:KHC-D:9707-DB
                                                    WA No. 100251 of 2023




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                        DATED THIS THE 30TH DAY OF AUGUST, 2023
                                         PRESENT
                      THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                                           AND
                          THE HON'BLE MR JUSTICE G BASAVARAJA
                        WRIT APPEAL NO. 100251 OF 2023 (LA-RES)
               BETWEEN:
               1.   KARNATAKA NEERAVARI NIGAM LTD.,
                    REPRESENTED BY ITS MANAGING DIRECTOR,
                    VIJAYA COMPLEX, HALIYAL ROAD ,
                    DHARWAD, DIST: DHARWAD-580003.

               2.   KARNATAKA NEERAVARI NIGAM LTD,
                    REPRESENTED BY ITS EXECUTIVE ENGINEER, MLBCC
                    DIVISION NO.2, NAVILUTEERTH,
                    TQ: SAUNDATTI, DIST: BELAGAVI-591116.
                                                              ...APPELLANTS
               (BY SRI.K.S.PATIL, ADVOCATE)
               AND:
               1.   THE SPECIAL LAND ACQUISITION OFFICER,
                    MALAPRABHA PROJECT-III, BAGALKOTE,
                    DIST: BAGALKOTE-587101.
JAGADISH T R
HIGH COURT
OF             2.   ISHWARAPPA VIRABHADRAPPA KUMBAR
KARNATAKA
2023.09.01          AGE: 53 YEARS, OCC: AGRICULTURE,
12:02:04
+0530               R/O: HIREMULKUR, TQ: BAILHONGAL,
                    DIST: BELAGAVI-591102.

               3.   NAGAPPA CHINNAPPA UGARKHOD
                    AGE 35 YEARS, OCC: AGRICULTURE,
                    R/O HIREMULKUR, TQ: BAILHONGAL,
                    DIST BELAGAVI-591102.

               5.   KALAWWA MARUTI BARKI,
                    AGE: 60 YEARS , OCC: AGRICULTURE,
                    R/O HIREMULKUR, TQ: BAILHONGAL,
                    DIST: BELAGAVI-591102.
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                                          NC: 2023:KHC-D:9707-DB
                                         WA No. 100251 of 2023




6.   MALLIKARJUN MADIWALAPPA HADAPAD
     AGE: 72 YEARS, OCC: AGRICULTURE,
     R/O HIREMULKUR, TQ: BAILHONGAL,
     DIST: BELAGAVI-591102.

7.   KALLAPPA NINGAPPA ENAGI
     AGE: 66 YEARS, OCC: AGRICULTURE,
     R/O HIREMULKUR, TQ: BAILHONGAL,
     DIST: BELAGAVI-591102.
                                             ...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1;
   SRI.K.H.BAGI, ADVOCATE FOR R2 TO R4 AND R6;
   R5-DECEASED)

      THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER OF LEARNED
SINGLE JUDGE DATED 13.12.2021 PASSED IN WP NO.116120/2019
IN SO FAR AS DIRECTING APPELLANTS/PETITIONERS/KNNL TO
DEPOSIT THE AMOUNTS AS DETERMINED BY THE LAND
ACQUISITION OFFICER UNDER THE IMPUGNED AWARDS BEFORE
THIS COURT WITHIN A PERIOD OF 4 WEEKS.

     THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:

                           JUDGMENT

This intra-Court appeal is directed against the

impugned order dated 13.12.2021 passed in WP

No.116120/2019, wherein the said petition filed by the

appellants/writ petitioners was disposed off by the learned

Single Judge.

2. In the impugned order, in addition to rejecting

the claim of the appellants/writ petitioners, learned Single

Judge further directed the appellants/writ petitioners to

NC: 2023:KHC-D:9707-DB WA No. 100251 of 2023

deposit the amount as determined by the LAO under the

impugned awards before this Court within a period of four

weeks from the date of the impugned order, which was

passed on 13.12.2021.

3. Heard the learned counsel for the appellants;

learned Government Advocate for respondent No.1/State

as well as learned counsel for respondents No.2 to 4 and 6

and perused the material on record.

4. A perusal of the impugned order will indicate

that the learned Single Judge has carefully

considered/appreciated the entire material on record and

has come to a conclusion that the various contentions

urged by the appellants/writ petitioners are devoid of

merits and same are liable to be rejected.

5. Upon re-appreciation, re-evaluation and

reconsideration of the entire material on record, we are of

the considered opinion that the impugned order passed by

the learned Single Judge does not suffer from any illegality

NC: 2023:KHC-D:9707-DB WA No. 100251 of 2023

or infirmity warranting interference by this Court in this

appeal.

6. At this stage, learned counsel for the

appellants/writ petitioners submits that due to bonafide

reasons, unavoidable circumstances and sufficient cause,

the appellants/writ petitioners could not comply with the

directions issued by the learned Single Judge in the

impugned order and could not deposit the amount as

directed till today. It is submitted that if reasonable time

is granted, the appellants/writ petitioners would deposit

the amount as directed by the learned Single Judge in the

impugned order.

7. In view of the aforesaid facts and circumstances

of the case and submission made by the learned counsel

for the appellants with regard to inability and omission to

comply with the directions issued by the learned Single

Judge to deposit the money within the time stipulated in

the impugned order, we deem it just and appropriate to

direct the appellants/writ petitioners to comply with the

NC: 2023:KHC-D:9707-DB WA No. 100251 of 2023

directions issued by the learned Single Judge in the

impugned order and deposit the amount on or before

01.12.2023. It is made clear that no further extension of

time will be granted under any circumstances whatsoever.

It is further directed that immediately upon such deposit

being made by the appellants/writ petitioners,

respondents/claimants shall be entitled to withdraw the

said deposited amount.

8. Subject to the aforesaid directions, present

intra-Court appeal stands disposed off without interfering

with the impugned order.

Pending applications, if any, do not survive for

consideration and accordingly, they are disposed off.

Sd JUDGE

Sd JUDGE

JTR