Karnataka High Court
Fakirappa Dead By His Lr vs The Special Land Acquisition Officer on 29 November, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:13977
MFA No. 100766 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.100766/2021(LAC)
BETWEEN:
FAKIRAPPA DEAD BY HIS LR.
SRI KAREPPA S/O. FAKIRAPPA KURI,
AGE: 57 YEARS, OCC: AGRI.,
R/O: BUDIHAL, TQ: BAILHONGAL,
DIST: BELAGAVI - 591 102.
...APPELLANT
(BY SRI K. H. BAGI, ADVOCATE)
AND:
1. THE SPL. LAND ACQUISITION OFFICER
MALAPRABHA PROJECT NO.3,
SECTOR NO.60, NAVANAGAR,
BAGALKOT, DIST: BAGALKOT-587102.
2. THE EXECUTIVE ENGINEER,
Digitally signed
by
MLBC, NAVILUTEERTA, DIV NO.2,
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.19
15:01:49 +0530
SAVADATTI, TQ: SAVADATTI,
DIST: BELAGAVI-591126.
...RESPONDENTS
(BY SRI V.S.KALASURMATH, HCGP FOR R1;
SRI M.B.KANAVI, 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.1117/2018 ON THE FILE IF 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:13977
MFA No. 100766 of 2021
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.1117/2018 dated 17.07.2020 by the
NC: 2023:KHC-D:13977
Reference Court; therefore this appeal is also arising out of
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.
NC: 2023:KHC-D:13977
ii) The impugned judgment passed in LAC
No.1117/2018, dated 17.07.2020, by the
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
