Dismissed

Karnataka Neeravari Nigam Limited v. the Special Land Acquisition Officer

Karnataka HC1 Dec 2020MFA/104073/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed an interim application withdrawing a Miscellaneous First Appeal under the RFCTLARR Act, 2013. The appeal was dismissed as withdrawn, granting the appellant liberty to seek review from the Trial Court.

What did the court decide?

Withdrawal of the appeal allowed; appeal dismissed as withdrawn with liberty to seek review from the Trial Court and entitlement to refund.

Karnataka Neeravari Nigam Limited Vs the Special Land… — Land Acquisition | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF DECEMBER 2020

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PRESENT

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THE HON’BLE MR. JUSTICE G.NARENDAR

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AND

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THE HON’BLE MR. JUSTICE M.I.ARUN

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M.F.A. NO.104073/2019 (LAC)

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BETWEEN:

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KARNATAKA NIRAVARI NIGAM LIMITED BY ITS EXECUTIVE ENGINEER, MALAPRABHA PROJECT, DKN, DIVISION-I, NARAGUND-582 207, TAL: & DIST: DHARWAD.

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APPELLANT

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(BY SRI. R M KULKARNI, ADV.)

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AND

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1 . THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT-III, BAGALKOT-587 101, TAL: & DIST: BAGALKOT..

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STATE OF KARNATAKA REPRESENTED BY DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI.

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SRI BHIMAREDDY S/O APPANNA METI, AGE: 59 YEARS, OCC: NOT KNOWN, R/O KAGADAL VILLAGE-591 110, TALUKA: SAUNDATTI, DIST: BELAGAVI.

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SRI MUTTURADDY S/O BHIMAREDDY METI, AGE: 27 YEARS, OCC: NOT KNOWN, R/O KAGADAL VILLAGE, TALUKA: SAUNDATTI, DIST: BELAGAVI.

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RESPONDENTS (BY SRI G.K. HIREGOUDAR, ADVOCATE FOR R1 & R2, SRI B.V. SOMAPUR, ADVOCATE FOR R3-R4)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, (RFCTLARR ACT, 2013) AGAINST THE JUDGMENT AND AWARD DATED 26.04.2019 PASSED IN LAC NO. 260/2018 ON THE FILE OF THE I ADDL. DIST. & SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 64 OF THE RFCTLARR ACT, 2013.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, M.I. ARUN J., DELIVERED THE FOLLOWING:

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JUDGMENT

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I.A. No.3/2020 is preferred by the appellant praying to withdraw the appeal and permit the appellant to seek review of the judgment and award dated 26.04.2019 passed in LAC No. 260/2018 by the Court of the I Additional District and Sessions Judge, Belagavi. A copy of a similar order reserving such liberty passed by the Co-ordinate Bench in MFA No.100268/2020 is placed on record.

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There is no reason why this Court should adopt a different view than as adopted by the Co-ordinate Bench while disposing of MFA No.100268/2020.

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In that view of the matter, I.A. No.3/2020 is allowed. Appeal is dismissed as withdrawn with liberty to approach the Trial Court for review. If such petition for review is preferred, the same shall be considered for disposal in accordance with law.

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In view of the withdrawal of the appeal, the appellant would be entitled to admissible refund as provided under the Act.

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In view of dismissal of the appeal as withdrawn, I.A. No. 1/2020 does not survive for consideration. Accordingly, I.A. NO. 1/2020 stands disposed off.

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SD/JUDGE

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Sd/JUDGE

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Bvv

Karnataka Neeravari Nigam Limited v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Karnataka Neeravari Nigam Limited v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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