SPECIAL LAND ACQUISITION OFFICER Vs. JIVIBEN UMEDDAS AMICHANDDAS

JUDGEMENT

(1.) All these applications under Section 5 of the Limitation Act has been preferred by the applicants herein -original opponents -Special Land Acquisition Officer -SIPU Project, Palanpur and Executive Engineer, Sujalam Sufalam, Vibhag 1, Kerva, Dist. Mehsana requesting to condone the delay of 587 days in preferring respective First Appeals against the impugned common judgment and award passed by the learned Reference Court -learned 4th Additional Senior Civil Judge, Mehsana passed in Land Reference Case Nos. 560 of 2009 to 568 of 2009, by which, learned Reference Court has partly allowed the said Reference and has awarded exorbitant amount of compensation i.e. additional compensation at the rate of Rs. 530/ - per sq mtr.

(2.) It is the case on behalf of the applicants that as such there were 7 group of matters decided by the very learned Reference Court, with respect to lands acquired of the very village and very project and in other six group of matters, State preferred First Appeal No. 2756 of 2013 and other allied matters before this Court, but due to inadvertence proposal against the impugned judgment and award passed by the learned Reference Court (7th group) was not made and therefore, the appeals against the impugned common judgment and award passed by the learned Reference Court (7th group) could not be filed.

(3.) NAGALAND V. Lipok AO & Ors. reported in : (2005) 3 SCC 752