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2022 Supreme(SC) 596

M. R. SHAH, B. V. NAGARATHNA
Gregory Patrao – Appellant
Versus
Mangalore Refinery and Petrochemicals Limite – Respondent


Advocates Appeared:
For the Appellant : Mr. Shailesh Madiyal, AOR Mr. Vaibhav Sabharwal, Adv. Mr. Sudhanshu Prakash, Adv. Mr. Rajan Parmar, Adv. Vinayaka S. Pandit, Adv.
For the Respondent: Shalini Sati Prasad, Adv. Meher Tandon, Adv. Jeevan B. Panda, Adv. M/S. Khaitan & Co., AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Karnataka at Bengaluru in First Appeal No. 259 of 2021 and other allied first appeals, by which the High Court has set aside the judgment and award passed by the learned Reference Court and has remanded the matter to the Reference Court to decide the references afresh after affording an opportunity to all the parties including respondent No. 1 herein - M/s. Mangalore Refineries & Petrochemicals Ltd., Mangalore (MRPL), the original claimants / original landowners have preferred the present appeals.

2. The lands belonging to the original claimants/original landowners/appellants herein were acquired under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as “KIAD Act, 1966”) under three different notifications. The lands were sought to be acquired for the development of the Karnataka Industrial Areas Development Board (hereinafter referred to as “KIADB”) for establishment of industrial areas. The Land Acquisition Officer after affording an opportunity of hearing to the owners of the land passed an award on 06.10.2009.

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