PATEL KASHUBEN NAROTTAMBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) RULE. Mr. Nikunt Raval, learned A. G. P. waives service of rule for respondent No. 1 and Mr. Nilay Anjaria waives service of rule for respondent No. 2 - G. I. D. C. , Mehsana. In the facts and circumstances of the case, the petition is taken up for final disposal today.

(2.) THE petitioners claim to be the heirs of Patel Narottambhai Joitaram. It appears that upon acquisition of the land in question in Patan District, Patel narottambhai Joitaram filed Land Acquisition Reference No. 82 of 2002 before the District Court, Patan. During pendency of the said Reference, Patel narottambhai Joitaram expired, as is being stated by the petitioner. However, the petitioners did not make any application for being brought on the record of the Reference Case. The Reference Court, therefore, disposed of the said reference along with the Land Acquisition Reference Nos. 66 to 91 of 2002 and other companion matters by judgment and award dated 21-2-2007 by which the amount of compensation was enhanced as per the directions given in the operative order dated 21-2-2007.

(3.) WHEN the petitioners learnt about the aforesaid judgment and award, the petitioners made an application dated 17-5-2008 for being joined as claimants stating that Patel Narottambhai Joitaram expired on 12-12-2004 and the petitioners are the legal heirs of the deceased claimant. The application was registered as application Exh. 16 in Land Acquisition Reference No. 82 of 2002, but by order dated 21-11-2008, the learned Principal District Judge, Patan dismissed the application on the ground that the Reference case was already disposed of and award was declared on 21-2-2007, and therefore, the application filed thereafter cannot be considered.