Sri Yallappa S/O Hanamanthappa Kuri vs The Spl.Land Acquisition Officer
2023 Latest Caselaw 8588 Kant

Karnataka High Court

Sri Yallappa S/O Hanamanthappa Kuri vs The Spl.Land Acquisition Officer on 27 November, 2023

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                                 -1-
                                                                       NC: 2023:KHC-D:13830
                                                                         MFA No. 102640 of 2020




                                               IN THE HIGH COURT OF KARNATAKA,
                                                       DHARWAD BENCH

                                         DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                                            BEFORE

                                      THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                                      MISCELLANEOUS FIRST APPEAL NO.102640/2020 (LAC)

                                 BETWEEN:

                                 SRI NINGAPPA
                                 S/O. MUGABASAPPA HONGAL,
                                 AGE:70 YEARS, OCC: AGRICULTURE,
                                 R/O: BUDIHAL, TQ: BAILHONGAL,
                                 DIST: BELAGAVI-591102.
                                                                                     ...APPELLANT
                                 (BY SRI K. H. BAGI, ADVOCATE)

                                 AND:

                                 1.    THE SPL. LAND ACQUSITION OFFICER
                                       MALAPRABHA PROJECT NO.3,
                                       SECTOR NO.60, NAVANAGAR,
                                       BAGALKOT,
                                       DIST: BAGALKOT- 587 102.

                                 2.    THE EXECUTIVE ENGINEER,
              Digitally signed
              by
              VIJAYALAKSHMI
                                       MLBC, NAVILUTEERTA, DIV NO.2
VIJAYALAKSHMI M KANKUPPI
M KANKUPPI
              Date:
              2023.12.19
                                       SAVADATTI, TQ: SAVADATTI,
              15:05:12 +0530
                                       DIST: BELAGAVI- 591 126.
                                                                             ...RESPONDENTS
                                 (BY SRI V.S.KALASURMATH, HCGP FOR ADVOCATE FOR R1;
                                 SRI UMESH C. AINAPUR, ADVOCATE FOR R2)

                                      THIS MFA IS FILED UNDER SECTION 74 (1) OF RIGHT TO FAIR
                                 COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
                                 REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO SET
                                 ASIDE THE JUDGMENT AND AWARD DATED 17.07.2020 IN LAC
                                 NO.1093/2018 ON THE FILE OF 1ST ADDITIONAL DISTRICT JUDGE
                                 BELAGAVI AND ETC.,

                                     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                                 COURT DELIVERED THE FOLLOWING:
                               -2-
                                    NC: 2023:KHC-D:13830
                                       MFA No. 102640 of 2020




                            JUDGMENT

This appeal is filed by the claimant who is stated to be

land loser pursuance to acquisition proceedings by way of

preliminary notification dated 23.12.2015. The claimant has

approached this Court in this appeal being aggrieved by

rejecting reference petition by Reference Court.

2. Learned counsel for the appellant submitted that

the matter be remanded to the Reference Court for fresh

adjudication.

3. On the other hand, learned counsel for respondent

No.2 vehemently opposed remanding the matter to the

Reference Court.

4. Even though the appeal is at the stage of

compliance of office objections, since deficit Court fee is not

paid, but for same acquisition proceedings by the same

preliminary notification for the same project where the other

land owners have preferred appeal before this Court in MFA

No.102599/2020 and by judgment dated 12.10.2023, the

Division Bench of this Court has set aside the judgment and

award passed in LAC No.1093/2018 dated 17.07.2020 by the

Reference Court; therefore this appeal is also arising out of

NC: 2023:KHC-D:13830

similar batch of reference petition in pursuance to the same

proposal of project and the same preliminary notification being

aggrieved by the order passed by the same Reference Court

and thereby the case is to be remanded to the Reference Court

for fresh consideration. Therefore, this appeal is also pertaining

to the same preliminary notification dated 23.12.2015 and the

same award in respect of submerge of same village under the

Malaprabha Dam Back Water project. Therefore, the appeal is

required to be remanded to the Reference Court for fresh

orders.

5. The Division Bench of this Court while remanding

the appeal has ordered Registry to refund the entire Court fee

paid by the claimant in the appeal. Therefore, in this case also

entire Court fee paid by the claimant is required to be

refunded.

6. Accordingly, I proceed to pass the following:

ORDER

i) The appeal is allowed.

ii) The impugned judgment passed in LAC No.1093/2018, dated 17.07.2020, by the

NC: 2023:KHC-D:13830

learned I Additional District Judge, Belagavi, is hereby set aside.

iii) The matter is remanded to the concerned Reference Court for fresh consideration.

iv) The parties shall appear before the Reference Court on 03.01.2024 and the Reference Court shall dispose off the matter within a period of three months from 03.01.2024.

v) The registry is directed to refund the entire Court fee to the claimant which is paid in this appeal.

      vi)     No order as to costs.



                                            Sd/-
                                           JUDGE

SSP

CT-ASC