Yashoda W/O Manjunath Vadekar vs The Asssistant Commissioner And Land ...
2024 Latest Caselaw 10619 Kant

Karnataka High Court

Yashoda W/O Manjunath Vadekar vs The Asssistant Commissioner And Land ... on 18 April, 2024

                                                -1-
                                                              NC: 2024:KHC-D:6475
                                                         MFA No. 100777 of 2024




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 18TH DAY OF APRIL, 2024

                                             BEFORE
                          THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                    MISCELLANEOUS FIRST APPEAL NO. 100777 OF 2024 (LAC)
                   BETWEEN:

                   YASHODA W/O. MANJUNATH VADEKAR,
                   AGE: 50 YEARS, OCC: HOMEMAKER,
                   R/O. SAI NAGAR ROAD,
                   NEAR MAILARLINGESHWAR TEMPLE,
                   UNKAL, TQ: HUBBALLI, DIST: DHARWAD.
                                                                     ...APPELLANT
                   (BY SRI. AKASH R. NAIK, ADVOCATE)

                   AND:

                   1.   THE ASSSISTANT COMMISSIONER AND LAND
                        ACQUISITION OFFICER,
                        DHARWAD DIVISION, DHARWAD,
                        TQ AND DIST DHARWAD-580001,

                   2.   THE UNION OF INDIA
                        R/BY DEPUTY CHIEF ENGINEER
                        CONSTRUCTION UBL,
Digitally signed
by JAGADISH T
                        SOUTH WESTERN RAILWAYS,
R                       CLUB ROAD, KESHWAPUR, HUBBALLI,
Location: HIGH          TQ: HUBBALLI, DIST: DHARWAD-580023.
COURT OF
KARNATAKA

                   3.   THE CHIEF PROJECT MANAGER,
                        RAIL VIKAS NIGAM LTD,
                        SOUTH WESTERN RAILWAYS,
                        CLUB ROAD, KESHWAPUR, HUBBALLI,
                        TQ: HUBBALLI, DIST: DHARWAD-580023.

                   4.   THE PRINCIPAL REVENUE SECRETARY,
                        GOVT. OF KARNATAKA,
                        REVENUE DEPARTMENT,
                        MS BUILDING, BENGALURU.

                                                                  ...RESPONDENTS
                                 -2-
                                               NC: 2024:KHC-D:6475
                                        MFA No. 100777 of 2024




     THIS MFA IS FILED U/S.74(1) OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO CALL
FOR RECORDS IN LAC NO.14/2019 ADJUDICATED BEFORE THE II
ADDL. DIST & SESSIONS JUDGE AND THE LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT AUTHORITY DHARWAD AND
ENHANCE THE COMPENSATION OF THE LANDS ACQUIRED AT THE
RATE OF RS.11,00,000/- PER GUNTA BY MODIFYING THE JUDGMENT
AND AWARD PASSED BY THE LEARNED REFERENCE COURT IN LAC
NO.14/2019 WITH ALL THE STATUTORY BENEFITS ENTITLED UNDER
THE LAW BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE
AND EQUITY.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                             ORDER

Learned counsel for the appellants files a memo seeking

leave to withdraw the appeal, which reads as under:

The above matter is filed questioning the award passed by the learned reference Court. The said award is passed on passed by the learned reference Court has been modified on 1.3.2024 on the application filed by respondent No.2, therein as such the above matter needs to be withdrawn as the entire amount awarded as compensation is also modified.

As such, this Hon'ble Court may kindly pass an order allowing the withdrawal of the matter with liberty to file a fresh appeal on the same cause of action. It is also prayed that Hon'ble Court be pleased to direct the office to return the certified documents in connection with this appeal.

The memo is placed on record. Appeal stands dismissed

as withdrawn with liberty as sought.

NC: 2024:KHC-D:6475

Registry is directed to return the certified copies of the

documents placed along with this appeal on substituting the

Xerox copies of the same.

Sd/-

JUDGE

JTR Ct-an