Allowed

Channamma W/O Ningappa Harakuni Since Dead Already Rep by Lrs Veeranna v. the Asssistant Commissioner and Land Acquisition Officer

Karnataka HC18 Apr 2024MFA/100779/2024

Case brief

AI extract

What is this about?

Appellants, landowners, appealed for enhanced compensation under RFLA 2013. Appellants sought withdrawal as the impugned award was modified in the lower court. Court allowed withdrawal with liberty to file fresh appeal and directed registry to return certified documents.

What did the court decide?

Withdrawal of appeal allowed with liberty to file fresh appeal. Certified documents to be returned by registry.

Channamma W/O Ningappa Harakuni Since Dead Already Rep by… — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:6473 MFA No. 100779 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 100779 OF 2024 (LAC)

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BETWEEN:

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CHANNAMMA W/O. NINGAPPA HARAKUNI, SINCE DEAD ALREADY REP. BY/LRS.

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VEERANNA S/O. NINGAPPA HARAKUNI AGE: 57 YEARS, OCC: AGRICULTURE, R/O. KUMBAR ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD.

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BASAVARAJ S/O. NINGAPPA HARAKUNI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. KUMBAR ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD.

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MANJULA W/O. SURESH HALLIKERI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. YERAGUPPI, TQ: KUNDAGOL, DIST: DHARWAD.

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Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA

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BASAVVA W/O. MALLAPPA HEMBLI, SINCE DEAD, REP. BY LRS,

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MALLAPPA RAYAPPA HEMBALI (DEAD)

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LALITA W/O. BASAVARAJ HARAKUNI, AGE: 46 YEARS, OCC: HOMEMAKER, R/O. KUMBAR ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD.

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VIJAY S/O. MALLAPPA HEMBLI, AGE: 46 YEARS, OCC: HOMEMAKER, R/O. KUMBAR ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD.

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…APPELLANTS

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(BY SRI. AKASH R. NAIK, ADVOCATE)

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NC: 2024:KHC-D:6473 MFA No. 100779 of 2024

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AND:

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

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THE UNION OF INDIA R/BY. DEPUTY CHIEF ENGINEER, CONSTRUCTION UBL, SOUTH WESTERN RAILWAYS CLUB ROAD, KESHWAPUR, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD 580023.

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

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

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…RESPONDENTS THIS MFA IS FILED U/S.74 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO CALL FOR RECORDS IN LAC NO.16/2019 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.16/2019 WITH ALL THE STATUTORY BENEFITS ENTITLED UNDER THE LAW BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2024:KHC-D:6473 MFA No. 100779 of 2024

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ORDER

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Learned counsel for the appellants files a memo seeking

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leave to withdraw the appeal, which reads as under:

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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.

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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.

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The memo is placed on record. Appeal stands dismissed

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as withdrawn with liberty as sought.

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Registry is directed to return the certified copies of the documents placed along with this appeal on substituting the Xerox copies of the same.

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Sd/JUDGE

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JTR ct-an List No.: 1 Sl No.: 9

Channamma W/O Ningappa Harakuni Since Dead Already Rep by Lrs Veeranna v. the Asssistant Commissioner and Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Channamma W/O Ningappa Harakuni Since Dead Already Rep by Lrs Veeranna v. the Asssistant Commissioner and Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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