IA ORDER

(PER : HONOURABLE MR. JUSTICE NIRAL R. MEHTA)

1. By way of this application under Order XLIV read with Order XXXIII of the Code of Civil Procedure, 1908, the applicants have sought permission to pursue First Appeal against the judgment and award dated 31^st December, 2018 passed by learned Principal Senior Civil Judge, Sabarkantha at Himmatnagar in Land Reference Case No.26 of 2012, as an indigent person.

2. Land bearing Survey No.532/1 situated in Village Raigadh, Taluka Himmatnagar, District Sabarkantha adjoining to N.H. 8 admeasuring 15885 sq. mtrs. was acquired for the purpose of Pratapsagar Anushravan Talav – Lake vide award dated 01^st February, 2012 by the Land Acquisition Officer under Section 11 awarding, inter alia, compensation of Rs.09,10,669/-.

2.1 Being aggrieved by the aforesaid, the original applicant preferred Reference Application under Section 18 of the Land Acquisition Act which was then referred to the civil court and registered as Land Reference Case No.26 of 2012. The said Reference was rejected by learned Principal Senior Civil Judge vide award dated 31^st December, 2018.

3. It is pertinent to note that many other parcels of land of the village Raigadh were also acquired and all the persons have approached the civil court under Section 18 by way of different Land Reference Cases. The entire group of LARs being LAR Nos.2 to 31 of 2012 were jointly dismissed by the learned Principal Senior Civil Judge by award dated 31^st December, 2018.

3.1 It is further pertinent to note that many other applicants from the aforesaid group have approached this Court by way of First Appeal and many of them have sought permission to file appeal as an indigent person. The coordinate Bench of this Court vide various orders allowed the applications by permitting the applicants therein to pursue their appeal as an indigent person, details of which are mentioned hereinbelow in the tabular format.

4. The applicant of Land Reference Case No.26 of 2012, thereby, approached, this Court challenging rejection of the Reference vide order dated 31^st December, 2012 with the present application seeking permission to pursue the First Appeal as an indigent person. Coordinate Bench of this Court vide order dated 25^th October, 2021 issued notice so as to ascertain the status of the applicant. Pursuant to the said order, Collector, Sabarkantha, vide his report dated 20^th January, 2022 reported that heirs of the deceased applicant Jesingbhai Revabhai Patel has residential house and also land bearing Survey No.714 admeasuring 00-45-08 Hectare-Are-Sq. Mtrs. and Revenue Survey No.861 admeasuring 00-28-34 Hectare-Aer-Sq. Mtrs. The report further states that heirs of the deceased applicant have monthly income of Rs.03,000/- by selling milk. As per the report of the Collector, heirs of the applicant cannot be considered as an indigent persons.

5. We have heard learned advocate Mr.R.K. Mansuri for the applicants and learned Assistant Government Pleader Ms.Foram Trivedi for the respondent – State.

6. Learned advocate for the applicants submits that as per the report of the Collector, monthly income of the applicants is stated to be Rs.03,000/- which is even otherwise not sufficient to maintain the day-to-day life and thereby learned advocate strongly submitted that the present applicants have no means to pay the court fees to agitate their valuable rights for the lands w