CHHANABHAI THAKARSHIBHAI Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) Learned Advocate for the petitioner Mr.Tejas Satta has invited the attention of this Court to an order dtd. 27/09/2022 passed in First Appeal No.3625 of 2022 and allied matters and submits that in the present case also the impugned judgment and order rejecting the reference has been passed only on the ground that the claimants were unable to adduce any evidence even after affording ample opportunity. He has further submitted that one more opportunity may be given to the petitioner to adduce the evidence as per the observations made in paragraph 5 of the said order. He further submits that for intervening period i.e. from the date of judgement till passing of this order by this Court, in the present appeal also, the appellants-claimants will not claim any interest.

(2.) Learned AGPs on the contrary, have submitted that the order passed by the Court below is appropriate since the same reflects that despite giving ample opportunities to the claimants, the appellants did not adduce any evidence until the issues were framed and right to evidence was closed. It is submitted that the burden is raised on the appellants/claimants to prove their case in the case of claiming the compensation and hence, no order may be passed.

(3.) Heard the learned advocates for the respective parties and also perused the documents as pointed out by them.