VIKRAMSINH HALUBHA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) With consent of the parties, the matter is taken up for hearing.

(2.) Admit. Learned advocates for the respective parties waive service of notice of admission for and on behalf of the respective respondents.

(3.) Learned advocate Mr.Nangesh appearing for the appellants has submitted that the appellants are the legal heirs of the deceased original appellant-Vikramsinh Halubha, who was party to the Land Acquisition Reference Case No.266 of 1999, who passed away on 21/6/1998. He has submitted that there were three LAR Case Nos.256, 259 and 266 of 1999, which were being heard by the concerned Court at Dhrangadhra jointly. He has submitted that initially one learned advocate Mr.M.D.Vakil had filed his vakalatnama for the deceased original appellant-Vikramsinh Halubha, who was the claimant of the LAR No.266 of 1999. He has submitted that after filing the reference case on 6/3/1997, he passed away and the said case culminated into the LAR Case No.266 of 1999. He has submitted that the present appellants, who are the legal heirs of deceased Vikramsinh Halubha were not aware about the proceedings of the LAR Case No.266 of 1999 and they came to know about the same, after other LAR Case Nos.256 and 259 of 1999 were disposed of in view of the agreement of the compromise arrived vide contract award dtd. 21/7/2017. He has submitted that by the impugned order dtd. 22/5/2017 below Exh.01, LAR Case No.266 of 1999 was dismissed for want of prosecution as it was observed that the applicant therein had not produced any evidence, even after passage of 17 years. He has submitted that the appellants, who are the legal heirs of the original claimants were bona fidely not aware about the proceedings and hence, they have filed the present appeal. He has submitted that the matter may be remanded to the reference Court so that the same may be decided on merits.