JUDGMENT
B.J. Shethna , J.
1. Rule. Mrs. Meeta Panchal, for Mr. GM Amin, learned Counsel for the respondents – claimants, appearing on Caveat in main First Appeal, waives service of Rule.
2. At the joint request of the learned Counsel forthe parties all these matters are heard and decided today by this common Judgment.
3. All these Applications are disposed of by this common Judgment as they are arising out of the common Judgment and Award dated 5.5.2000 passed by the learned Civil Judge (SD) & J.M.F.C., Anand, in Land Acquisition Case Nos.236 to 240 of 1988, 545/89 to 549/89 and 556 &557 of 1989 (Main LAQ Case No.236/88).
4. The Deputy Collector, Anand, by his Award dated31.3.1987 awarded Rs.3.50 ps. per sq. mtr. to the claimants for their land which were acquired under the Land Acquisition Act. In Reference being made the learned Judge enhanced it to Rs.10/- in all per sq. mtr. on the basis of the Judgment and Award passed for the land of the same village Vadod.
5. The impugned Judgment and Award was passed by the learned Judge on 5.5.2000. The period of limitation to challenge the same by way of first Appeal is 90 days. Thus, by 4.8.2000 the Appeals were required to be filed. They would also be entitled for days for certified copy applied and ready. In this case admittedly the appellants have not applied for certified copy of the common judgment and award passed by the learned Judge before 4.8.2000.
6. From the averments made in all these applications it is clear that the certified copy of the Judgment and Award was applied for the first time on 6.10.2001 i.e. after a period of almost 17 months. The same was ready for delivery on 9.10.2001 and the Appeals were filed on19.10.2001.
7. Interestingly it is stated in Para : 3 of the application that on 23.1.2001 an unofficial reference with proposal was received by the Legal Department from the Revenue Department to file Appeal and on that basis the case was considered. We are really shocked to note that such type of excuses are given for condoning the gross delay of 438 days in filing the Appeals late.
8. When the parties do not apply for the certified copy within a period of limitation then the presumption has to be drawn that they have abandoned the idea of challenging the Award by filing appeals. In this case, as stated earlier, unofficial decision was taken to challenge the Award that too on 23.1.2001 i.e. after a period of almost 8 months of passing of the Award. even the said period of 8 months remained totally unexplained. In such type of cases the gross delay of 438 days infiling Appeal late can never be condoned, more particularly when the learned Judge had not committed any error in awarding Rs.10/- per sq. mtrs. which he awarded on the basis of the earlier Award passed by the Court regarding acquisition of the land of the same village Vadod in which Rs.10/- per sq. mtrs. was awarded.
9. In view of the above discussion all the Civil Applications fail and are hereby dismissed.
10. When all the Civil Applications for delay are dismissed then all the First Appeals are required to be dismissed as having become time barred. Accordingly they’re dismissed as time barred as well as without any substance or merits.