BHIKHIBEN AMRATBHAI VALAND Vs. KANVARSINH PARVATSINH RATHOD

JUDGEMENT

(1.) This Application has been filed praying for condonation of delay of 823 days in filing of the above First Appeal.

(2.) Learned Advocate for the applicants submitted that the applicants did not have any knowledge that an Appeal could be preferred against the judgment and award of the Tribunal. Further, there were other expenses in the family to be borne and the applicants could not manage the Court fees, which led to the delay in filing of the present Appeal. Besides, the applicants live in an interior area. Learned Advocate has relied upon the judgment of the Hon'ble Apex Court in the case of K. Subbarayudu v. Special Deputy Collector (Land Acquisition ) reported in 2017 (12) SCC 840. It is submitted that the cause for delay should receive liberal construction so as to advance substantial justice. It is submitted that the applicant/s are ready and willing to forego the interest and the consequential statutory benefits during the delayed period and thus prayed for liberal consideration of the sufficient cause.

(3.) In the case of Collector, Land Acquisition, Anantnag and Another v. Mst . Katiji and Others reported in AIR 1987 SC 1353 it has been observed as under :-