RAJPUT BAIRAJBA NARSANGJI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) RULE returnable forthwith. Learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent - State.

(2.) Heard Mr. Nishit Patel, learned advocate for Mr. A.V. Prajapati, learned advocate for the applicants and Mr. Soaham Joshi, learned AGP for the respondent-State.

(3.) Mr. Nishit Patel, learned advocate for Mr. A.V. Prajapati, learned advocate for the applicants states that there is a delay of 1912 days in filing the First Appeal against the judgment and award dated 01.102.2014 passed by learned 2nd Additional Senior Civil Judge, Patan, by his common judgment and award passed in LAR Nos. 3315 to 3323 of 2006 and 3325 to 3336 of 2006 (Main LAR No. 3315 of 2006). Learned advocate for the applicants submitted that the applicants are villagers and they received the amount of compensation after quite long time, however, after having knowledge the order of of Reference Court in LAR No. 82 to 101 of 2011, and thus learned advocate submitted that the applicants at the relevant time would not get the necessary legal advice and for making arrangement of court fees and professional fees of advocate, the delay has occurred, which, relying 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, submitted that the cause for delay should receive liberal construction so as to advance substantial justice. Learned advocate for the applicants submitted that the applicants 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.