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MCA/2247/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2247 of 2010
In
SPECIAL
CIVIL APPLICATION No. 12693 of 2008
With
MISC.CIVIL
APPLICATION No. 2248 of 2010
In
SPECIAL
CIVIL APPLICATION No. 12691 of 2008
To
MISC.CIVIL
APPLICATION No. 2252 of 2010
In
SPECIAL
CIVIL APPLICATION No. 9599 of 2008
=========================================
LALJI
MAVJI & 10 - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Opponent(s)
=========================================
Appearance
:
MR PM BHATT
for Applicant(s) : 1 -
11.
MR A J DESAI, AGP for Opponent(s) : 1, 3,
NOTICE SERVED BY
DS for Opponent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 05/10/2010
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. RULE.
Learned AGP waives service for opponent Nos. 1 and 3. None present
for opponent No. 2, though served.
2. By
way of the present group of review applications, the applicants,
original petitioners, have prayed for recalling the common oral
judgement dated 20.01.2010 in Special Civil Application No. 9599 of
2008 with Special Civil Applications No. 12690 to 12694 of 2008.
3. It
was argued by learned counsel, Mr. P.M.Bhatt appearing for the
applicants, and fairly conceded, after verification of the record, by
learned AGP that the major issue before the Court in the main
petitions was related to service of the award and issuance of the
notice in time upon the petitioners in compliance with the provisions
of Section 12 of the Land Acquisition Act, 1894. The Court was
inclined to accept the say of learned AGP that the petitioners were
aware of the award and had also countersigned the Rojkam, leading to
the conclusion that original petitioners were informed about the
award as early as on 18.04.2001. It was, however, seen from the
record that no counter-affidavit was filed in any of the petitions,
except Special Civil Application No. 9599 of 2008, and no countersign
of any of the petitioners was found on the Rojkam as alleged on
behalf of the respondent. The aspects of delay after making of the
award and the period between the date of award and issuance or
service of notice under Section 12 of the Land Acquisition Act were
not considered at all though raised by the petitioner. Under such
circumstances, it appears to be necessary and in the interest of
justice that the judgement sought to be reviewed is recalled so as to
afford to the parties full opportunity of being heard on the issues
raised and arising in the main petitions. Accordingly, the present
applications are allowed, the common oral judgement dated 20.01.2010
in the aforesaid main petition is recalled with the necessary
consequence that those petitions shall stand restored to file and
shall be listed for hearing on 21.10.2010, as requested by
learned counsel.
Rule
is made absolute accordingly with no order as to costs.
[D.H.WAGHELA,
J.]
[ABHILASHA
KUMARI, J.]
JYOTI
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