IHB LIMITED Vs. PATELIYA MANGALSINH JAVRABHAI

JUDGEMENT

(1.) Rule. Mr.Hakim waives service of notice of Rule for the private respondents in each petition. Mr.K.M.Antani, learned AGP waives service of notice of Rule for respondent No.2 in each petition.

(2.) By way of the present petitions under Article 227 of the Constitution of India, the petitioners have challenged the judgment and order dtd. 28/3/2023 and 6/4/2023, passed by 4th Additional District Judge, Panchmahal at Halol, in several miscellaneous applications filed by the original claimants - respondents herein under Sec. 10(5) of the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Act, 1962, by which the amount awarded towards compensation for laying petroleum pipeline came to be increased, mainly on two grounds that the learned Additional District Judge has allowed the applications without leading any evidence and the award has been passed in absence of the advocate who was instructed to appear before the Trial Court on behalf of the present petitioner company.

(3.) In response to notice issued by this Court, learned advocate Mr.Mohmedsaif Hakim has appeared for respondents in all matters. It appears that in many matters, some of the original claimants have passed away. However, Mr.Hakim has submitted that he will file appropriate application before the Trial Court for bringing legal heirs of those persons who have passed away during the proceedings, if the matter is remanded.