Ratanben Wd/O Virma Mashru ... vs Deputy Collector

                                                                                  NEUTRAL CITATION




     C/CA/1839/2023                                ORDER DATED: 09/11/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1839 of
                            2023

                      In F/FIRST APPEAL NO. 27776 of 2023

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               RATANBEN WD/O VIRMA MASHRU BHATAKIYA
                               Versus
                        DEPUTY COLLECTOR
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Appearance:
MS. PAYAL M TUVAR(7055) for the Applicant(s) No.
1,2,3,4,4.1,4.2,4.3,4.4,5,6
 for the Respondent(s) No. 2
MS.FORAM TRIVEDI ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                               Date : 09/11/2023

                                 ORAL ORDER

1. Heard learned advocate Ms.Payal Tuvar for the applicants and learned Assistant Government Pleader Ms.Foram Trivedi for the respondent - State.

2. Rule. Learned AGP waives service of notice of rule for and on behalf of respondent - State.

3. This application is filed under Section 5 of the Limitation Act for condonation of delay of 796 days caused in preferring the First Appeal.

NEUTRAL CITATION C/CA/1839/2023 ORDER DATED: 09/11/2023 undefined

4. Learned advocate for the applicants has submitted that the applicants are uneducated and illiterate persons and they were no aware about the outcome of the Land Reference Case. The judgment and award is dated 24.04.2019 and the appellants had applied for getting certified copy on 29.08.2023 and the same was delivered on 29.08.2023. Thus, there is a delay in preferring the appeal.

5. Per contra, learned Assistant Government Pleader, has placed on record the copy of the order dated 08.02.2023 passed in Civil Application No.152 of 2023 in First Appeal No.28713 of 2021 and allied matters and pointed out that the Co-ordinate Bench has referred the decision of the Hon'ble Supreme Court in the case of K.Subbarayadu & Ors. vs. The Special Deputy Collector, (Land Acquisition) reported in 2017(12) SCC 840, wherein the delayed period, the applicants could not claim interest upon the enhanced compensation and hence, the learned advocate for the applicants could not contradict the above proposition of law.

6. Having considered the submissions of learned advocates of both the sides and contentions raised in the application, it is needless to observe that in catena of decisions, the view taken by the Hon'ble Supreme Court is, while deciding an application for condonation of delay, the Page 2 of 3 Downloaded on : Thu Nov 09 20:46:32 IST 2023 NEUTRAL CITATION C/CA/1839/2023 ORDER DATED: 09/11/2023 undefined liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay can be condoned. There is no intentional delay on the part of the applicants. The delay has sufficiently been explained. Hence, the delay is condoned subject to condition that the claimants shall not claim interest upon enhanced compensation, if any, for the period of delay.

7. With these observations and directions, the present Civil Application stands allowed. Rule is made absolute to the aforesaid extent.

(D. M. DESAI,J) MANOJ Page 3 of 3 Downloaded on : Thu Nov 09 20:46:32 IST 2023