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CA/7915/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION-FOR CONDONATION OF DELAY No.7915 of 2011
In
FIRST APPEAL (STAMP) No.1546 of 2011
To
CIVIL
APPLICATION No.7929 of 2011
In
FIRST APPEAL (STAMP) No.1560 of 2011
=====================================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Petitioner(s)
Versus
PRATAPJI
SHIVAJI & 4 - Respondent(s)
=====================================================
Appearance
:
MR NEERAJ SONI, AGP for
Petitioner(s) : 1 - 2.
RULE SERVED for Respondent(s) : 1 -
4.
UNSERVED-EXPIRED (R) for Respondent(s) :
5,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 11/10/2011
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Mr.Yatin
Soni, learned counsel appearing for the original claimants, states
that after the awards were passed by the
Reference Court the legal heirs of the deceased
claimants had filed applications to get their names included being
the legal heirs of the concerned deceased and the
Reference Court thereafter
passed orders in the respective applications and the awards were also
amended accordingly. He is having certified copies of all the awards
and he places the same on record.
In
view of the above, Mr.Soni, learned
AGP, seeks leave to bring on record the legal heirs of the
deceased concerned as per the amended awards. He is permitted to do
so. Leave granted.
The
present application is for condonation of delay of 413 days in
preferring the first appeals against the judgment and award passed by
the
Reference Court, which is impugned in the first
appeals.
Mr.Yatin
Soni, learned counsel appears for the original claimants including
the legal heirs of the concerned deceased claimants, who are
permitted to be joined as parties, and states that the original
claimants have no objection if delay is condoned and the original
claimants are not insisting for costs. However,
he submitted that in respect of the very village certain lands were
acquired by very notification
and in those cases awards were passed by the
Reference Court, which came to be carried before this
Court in First Appeal No.1509 of 2011 and allied matters, which were
decided by this Court on 23.06.2011. Hence, in his submission the
main first appeals are covered by the said decision of this Court
and, therefore, he submitted that the appeals may be heard at an
early date.
Considering
the facts and circumstances
and in view of the declaration made by the learned counsel for the
claimants, the delay deserves to be condoned and, therefore, is
condoned.
The
applications are allowed to the aforesaid extent. Rule made absolute.
Amendment
shall be carried out on
or before 14.10.2011. First Appeals shall be listed for
hearing on 18.10.2011.
Registry
to place a copy of this order in connected matters.
Sd/-
[JAYANT
PATEL,J]
Sd/-
[R.M.CHHAYA,
J ]
***
Bhavesh*
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