Allowed

tippanna s/o fakirappa dalawai v. the Spl. Land Acquistiion Officer

Karnataka HC27 Nov 2023MFA/102657/2020

Case brief

AI extract

What is this about?

Single judge allowed the miscellaneous first appeal arising from land acquisition proceedings. The court set aside the impugned award and remanded the matter to the Reference Court for fresh consideration due to similarity with a recently decided batch of appeals.

What did the court decide?

Appeal allowed; impugned award set aside; matter remanded to Reference Court for fresh consideration within three months; court fee refunded.

tippanna s/o fakirappa dalawai Vs the Spl. Land… — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC-D:13803 MFA No. 102657 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102657/2020(LAC)

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BETWEEN:

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FAKIRAPPA DEAD BY HIS LRS

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TIPPANNA S/O. FAKIRAPPA DALAWAI, AGE: 52 YEARS, OCC: AGRICULTURE.

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NAGAPPA

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S/O. FAKIRAPPA DALAWAI, AGE: 50 YEARS, OCC: AGRICULTURE.

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Digitally signed by SUJATA SUBHASH PAMMAR

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SMT. MAHADEVI W/O. ARJUN MUTTENNAVAR, AGE: 48 YEARS, OCC: AGRICULTURE.

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PARAVVA

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D/O. FAKIRAPPA DALAWAI, AGE: 46 YEARS, OCC: AGRICULTURE.

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SMT. MAHADEVI W/O. MARUTI MOKASHI, AGE: 44 YEARS, OCC: AGRICULTURE,

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PRAKASH S/O. FAKIRAPPA DALAWAI,

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- 2 - NC: 2023:KHC-D:13803 MFA No. 102657 of 2020

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AGE: 42 YEARS, OCC: AGRICULTURE, ALL ARE R/O: BUDIHAL, T Q: BAILHONGAL, DIST: BELAGAVI-591102.

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…APPELLANTS

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(BY SRI K. H. BAGI, ADVOCATE)

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AND:

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THE SPL. LAND ACQUISTIION OFFICER MALAPRABHA PROJECT NO.3, SECTOR NO.60, NAVANAGAR, BAGALKOTE, DIST: BAGALKOTE-587102.

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THE EXECUTIVE ENGINEER MLBC, NAVILUTEERTHA, DIV.NO.2, SAVADATTI, TQ: SAVADATTI, DIST: BELAGAVI-591126.

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…RESPONDENTS

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(BY SRI V.S.KALASURMATH, HCGP FOR ADVOCATE FOR R1; SRI UMESH C. AINAPUR, ADVOCATE FOR R2)

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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.1110/2018 ON THE FILE OF 1^ST ADDITIONAL DISTRICT JUDGE BELAGAVI AND ETC.,

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

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NC: 2023:KHC-D:13803 MFA No. 102657 of 2020

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JUDGMENT

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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.

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Learned counsel for the appellant submitted that the matter be remanded to the Reference Court for fresh adjudication.

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On the other hand, learned counsel for respondent No.2 vehemently opposed remanding the matter to the Reference Court.

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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.1110/2018 dated 17.07.2020 by the Reference Court; therefore this appeal is also arising out of

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NC: 2023:KHC-D:13803 MFA No. 102657 of 2020

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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

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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.

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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.

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6. Accordingly, I proceed to pass the following:

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ORDER

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i) The appeal is allowed .

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ii) The impugned judgment passed in LAC No.1110/2018, dated 17.07.2020, by the

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NC: 2023:KHC-D:13803 MFA No. 102657 of 2020

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

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

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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.

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

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vi) No order as to costs.

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SD/JUDGE

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SSP List No.: 1 Sl No.: 28 CT-ASC

tippanna s/o fakirappa dalawai v. the Spl. Land Acquistiion Officer

Case brief

What is this about?

What did the court decide?

tippanna s/o fakirappa dalawai v. the Spl. Land Acquistiion Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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