Gujarat High Court
Patel Chelabhai Devshibhai vs Deputy Collector on 2 January, 2024
NEUTRAL CITATION
C/CA/2026/2023 ORDER DATED: 02/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2026 of
2023
In F/FIRST APPEAL NO. 388 of 2022
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PATEL CHELABHAI DEVSHIBHAI
Versus
DEPUTY COLLECTOR
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MR ADITYA D DAVDA, AGP 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 : 02/01/2024
ORAL ORDER
1. By this application under section 5 of the Limitation Act, 1963, the applicants seek condonation of delay of 1286 days caused in filing the captioned First Appeal against the judgment dated 20.08.2016 and decree dated 30.08.2016 passed in the Land Acquisition Reference (LAR) Case No.1465/1998 in group LAR No.1461/1998 to 1465/1998 by the learned 4th Additional Senior Civil Judge, Palanpur.
2. Rule, returnable forthwith. Learned Assistant Government Pleader Mr. Aditya D. Davda waives service of notice of Rule for the respondent No.1.
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NEUTRAL CITATION C/CA/2026/2023 ORDER DATED: 02/01/2024 undefined
3. Heard learned advocate Mr.Tejas P. Satta for the applicants and learned Assistant Government Pleader Mr. Aditya D. Davda for the respondent No.1.
4. Learned advocate for the applicants made a statement that if the delay is condoned, the claimants-applicants shall not claim interest for the delayed period. It is submitted that the applicants have no objection, if such condition is imposed as was imposed by the Supreme Court in the case of K. Subbarayadu and others Vs. The Special Deputy Collector (Land Acquisition) reported in 2017(12) SCC 840.
5. Per contra, learned Assistant Government Pleader for the respondent objected the application on the ground that reasons assigned in the application for condoning the delay are not sufficient.
6. In the totality of facts, sufficient cause is said to have been made out. The delay of 1286 days deserves to be condoned and the same is condoned. At the same time, in the facts and Page 2 of 3 Downloaded on : Wed Jan 03 20:41:12 IST 2024 NEUTRAL CITATION C/CA/2026/2023 ORDER DATED: 02/01/2024 undefined circumstances of the case and as per the statement made by learned advocate for the applicants, condition is imposed on each of the applicant/claimant that he shall not claim any interest for the delayed period in respect of the enhanced compensation, in the event, the appeal is allowed. Rule is made absolute to the aforesaid extent.
(D. M. DESAI,J) RINKU MALI Page 3 of 3 Downloaded on : Wed Jan 03 20:41:12 IST 2024