PATEL PARUBEN HEMAJI Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) Mr Jinesh H. Kapadia, learned advocate submitted that the first appeals arise out of common judgment and order passed by the learned 2nd Additional Senior Civil Judge, Banaskantha at Palanpur in Land Acquisition Reference case nos.763 of 1999 to 781 of 1999 and 607 of 1999 to 625 of 1999. It is submitted that the amount came to be deposited after passing of the award which, was informed by the advocate of the applicants with a request to withdraw the same. It is then that the applicants came to know about the judgment. Subsequently, the applicants also came to know about the first appeals being first appeal nos.4154 to 4157 of 2018 and 4166 to 4167 of 2018 preferred before this Court challenging the very same judgment. It is submitted that the claimants, are illiterate persons and unable to understand the intricacies of delay which has occurred in filing the captioned appeals. It is submitted that owing to the reasons beyond the control of the claimants, that the claimants could not approach this Court in time. Owing to heavy rain fall and other circumstances, that the applicants have suffered a huge loss and were short of funds and hence, could not take further steps. Recently, after collecting the papers and taking necessary advise, it was decided to prefer an appeal. While doing so, the applicants also arranged for the funds towards the Court and professional fees. It is submitted that the claimants, have a very good strong case on merits inasmuch as, the method adopted by the Reference Court is erroneous. Instead of 50%, the Reference Court has deducted 75% on yield method basis.

(2.) Mr Akash Chhaya, learned Assistant Government Pleader, on the other hand, has submitted that the delay is enormous and therefore, it ought not to be condoned; however, if the statement of the claimants that they will forgo the interest for the delayed period is accepted then appropriate order be passed.

(3.) Heard the leaned advocates appearing for the respective parties.