(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Rule.
Learned AGP waives service for the respondent. Although the petitioner has only invoked Article 227 of the Constitution, a curious prayer is orally made by learned counsel for the petitioner with the submission that impugned order dated 12.9.2011 of learned Additional District Judge, Mehsana, in the petitioner's review application No.58 of 2009 is the result of poor representation and misunderstanding of the petitioner and unless that order is set aside the petitioner or the heirs of other claimant in the original Land Acquisition Reference Nos.926 to 934 of 2005 would not be able to make a fresh appropriate application for bringing heirs on record and for condonation of delay in filing fresh review application. On that basis, it was submitted that the impugned order may be set aside so as to not come in the way of making appropriate fresh applications in the original Land Acquisition References.
2. Since it is a case of loss of due compensation upon acquisition of land standing in the name of the deceased person and his heirs are likely to be deprived of their due share, if any, in the amount of compensation and learned AGP has fairly conceded that, in such circumstances, the aggrieved persons may have to make fresh appropriate applications, with necessary application for condonation of delay, it is observed that the aggrieved parties should be permitted to make an application for necessary amendment by way of review and also make an application for condonation of delay, which has already occurred, with the clarification that if and when such applications are made they may be decided in accordance with law. Under the circumstances, the petition is partly allowed and it is directed that the impugned order dated 12.9.2011 in Civil Misc. Application No.58 of 2010 shall not come in the way of making fresh applications by the petitioner concerned for bringing heirs on record and making an application for condonation of delay. Rule is made absolute accordingly with no order as to costs. Direct service is permitted.
(D.H.Waghela, J.) (N.V.Anjaria, J.) *malek Top