Karnataka Neeravari Nigam Ltd vs The Special Land Acquisition Officer
2024 Latest Caselaw 22345 Kant

Karnataka High Court

Karnataka Neeravari Nigam Ltd vs The Special Land Acquisition Officer on 3 September, 2024

Author: Krishna S.Dixit

Bench: Krishna S.Dixit

                                              -1-
                                                      NC: 2024:KHC-D:12633-DB
                                                      MFA No. 103006 of 2015




                             IN THE HIGH COURT OF KARNATAKA,

                                      DHARWAD BENCH

                        DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                           PRESENT
                         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
                                              AND
                       THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
                 MISCELLANEOUS FIRST APPEAL NO. 103006 OF 2015 (LAC)

                BETWEEN:

                KARNATAKA NEERAVARI NIGAM LTD,
                REPRESENTED BY ITS EXECUTIVE ENGINEER,
                MBC DIV.NO.1, GADDANAKERI CAMP,
                NOW AT MUCHAKHANDI CROSS, BAGALKOT.
                                                                    ...APPELLANT
                (BY SRI. S. M. KALWAD, ADVOCATE)
                AND:

                1.   THE SPECIAL LAND ACQUISITION OFFICER,
                     MALAPRABHA PROJECT NO.III, NOW AT SECTOR
                     NO.60, NAVANAGAR, BAGALKOT-587103.
Digitally       2.   THE STATE OF KARNATAKA,
signed by
JAGADISH T R         REPRESENTED BY DEPUTY COMMISSIONER,
Location:            NAVANAGAR, BAGALKOT-587201.
High Court of
Karnataka,
Dharwad         3.   SRI. MAHADEV S/O. NINGAPPA HOSATI,
Bench
                     AGE: MAJOR, OCC: AGRICULTURE,
                     R/O. HEBBAL-587122, TQ: MUDHOL, DIST: BAGALKOT.
                                                                ...RESPONDENTS
                (BY SRI. V. S. KALASURMATH, HCGP FOR R1 & R2;
                     SRI. LINGARAJ MARADI, ADV. FOR R3)

                      THIS MFA IS FILED U/SEC. 54(1) OF THE L.A. ACT, PRAYING TO
                CALL FOR THE RECORDS IN LAC NO.1/2009, DATED 17.10.2014 ON THE
                FILE OF LEARNED SR. CIVIL JUDGE AND JMFC COURT, MUDHOL AND
                ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
                PASSED BY THE LEARNED SR. CIVIL JUDGE AND JMFC COURT, MUDHOL
                IN LAC NO.1/2009, DATED 17.10.2014. FURTHER, IF THIS HON'BLE
                COURT IS PLEASED TO HOLD THAT THE CLAIMANT DESERVES
                ENHANCEMENT OF MARKET VALUE OF THE ACQUIRED LAND THE SAME
                BE REDUCED TO RS.5,00,000/- PER ACRE.
                              -2-
                                     NC: 2024:KHC-D:12633-DB
                                     MFA No. 103006 of 2015




     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:


CORAM:    THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
           AND
           THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL



                       ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)

Learned counsel appearing for the appellant submits

that in view of withdrawal of MFA.No.100051/2016, their

appeal does not survive for consideration. To this effect they

have also filed a memo which reads as under:

"In view of the appeal in MFA.No.100051/2016 being withdrawn by the claimants therein, which is related to supplementary award, the Appellant craves leave of this Hon'ble court to withdraw the appeal, in the interest of justice and equity."

2. Learned counsel appearing for the claimants

submits that he has no objection for granting leave to

withdraw the appeal.

In view of the above, this appeal is disposed off as

having been withdrawn. Appropriate proceedings may be

taken up by the appellant for recovery or adjustment of

NC: 2024:KHC-D:12633-DB

compensation amount by moving an application in the

connected appeal.

In view of the withdrawal of the appeal, Registry to

refund the entire Court fee as per the Karnataka Court Fees

and Suits Valuation Act, 1958.

Costs made easy.

Sd/-

(KRISHNA S.DIXIT) JUDGE

Sd/-

(VIJAYKUMAR A.PATIL) JUDGE

ABK/ct-an