Karnataka Neeravari Nigam Ltd vs The Special Land Acquisition ...
2023 Latest Caselaw 6167 Kant

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                                                         NC: 2023:KHC-D:9701-DB
                                                        WA No. 100244 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. 100244 OF 2023 (LA-RES)
                 BETWEEN:
                 1.   KARNATAKA NEERAVARI NIGAM LTD.,
                      REPRESENTED BY ITS MANAGING DIRECTOR,
                      CENTRAL OFFICE, VIJAYA COMPLEX,
                      HALIYAL ROAD, DHARWAD,
                      DIST: DHARWAD-580003.

                 2.   KARNTAKA NEERAVARI NIGAM LTD.,
                      REPRESENTED BY ITS EXECUTIVE ENGINEER,
                      MLBCC DIVISION, NO.2, NAVILUTEERTH,
                      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       2.   RAVI MALLAPPA MOURGOD
OF
KARNATAKA             AGE: MAJOR, OCC: AGRICULTURE,
2023.09.01
12:00:40 +0530        R/O: JALIKOPPA, TQ: BAILHONGAL,
                      DIST: BELAGAVI-591102.

                 3.   SHIVALINGAPPA GANGAPPA KODLI
                      AGE: MAJOR, OCC: AGRICULTURE,
                      R/O: JALIKOPPA, TQ: BAILHONGAL,
                      DIST: BELAGAVI-591102.

                 4.   ANNAPPA CHANDRAPPA BOLASHETTI
                      AGE: MAJOR, OCC: AGRICULTURE,
                      R/O: JALIKOPPA, TQ: BAILHONGAL,
                      DIST: BELAGAVI-591102.

                 5.   SHIVANANDA GURUPUTRAPPA HIREMATH
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                                         NC: 2023:KHC-D:9701-DB
                                        WA No. 100244 of 2023




    AGE: MAJOR, OCC: AGRICULTURE,
    R/O: JALIKOPPA, TQ: BAILHONGAL,
    DIST: BELAGAVI-591102.
                                            ...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1;
   SRI.K.H.BAGI, ADVOCATE FOR R2 TO R5)


      THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, SET-ASIDE
THE JUDGMENT OF THE LEARNED SINGLE JUDGE DATED 13.12.2021
PASSED IN WRIT PETITION NO.116119/2019 (LA-RES) 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.116119/2019, 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

deposit the amount as determined by the LAO under the

impugned awards before this Court within a period of four

NC: 2023:KHC-D:9701-DB WA No. 100244 of 2023

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 5 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

or infirmity warranting interference by this Court in this

appeal.

NC: 2023:KHC-D:9701-DB WA No. 100244 of 2023

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

directions issued by the learned Single Judge in the

impugned order and deposit the amount on or before

NC: 2023:KHC-D:9701-DB WA No. 100244 of 2023

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