Gujarat High Court
Devabhai Sajanbhai Odedara vs Deputy Collector on 2 January, 2024
NEUTRAL CITATION
C/CA/2303/2023 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. 2303 of
2023
In F/FIRST APPEAL NO. 36496 of 2023
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DEVABHAI SAJANBHAI ODEDARA
Versus
DEPUTY COLLECTOR
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR ADIDTYA 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 applicant seeks condonation of delay of 1185 days caused in filing the captioned First Appeal against the judgment and decree dated 30.06.2018 passed in the Land Acquisition Reference (LAR) Case No.47/2011 in group LAR No.46 to 50/2011 by the learned 2nd Additional Senior Civil Judge, Jamnagar.
2. Heard learned advocate Mr.Tejas P. Satta for the applicant and learned Assistant Government Pleader Mr. Aditya D. Davda for the respondent No.1.
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3. Rule, returnable forthwith. Learned Assistant Government Pleader Mr. Aditya D. Davda waives service of notice of Rule for the respondent No.1.
4. Learned advocate Mr.Tejas Satta submitted that the claimant would waive the interest for the period of delay caused in filing this Appeal on the amount, if any, enhanced.
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. Having regard to the submissions advanced by the learned advocates for the respective parties and more particularly considering the averments made in the memorandum of application, the Court is of the view that the delay caused in filing the First Appeal has been sufficiently explained. Page 2 of 3 Downloaded on : Wed Jan 03 20:41:13 IST 2024
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7. In view of the submission made by learned advocate Mr.Tejas Satta for the applicant to the effect that the claimant would waive the interest for the period of delay caused in filing the appeal, this Court is of the view that the delay caused in filing the First Appeal deserves to be condoned.
8. The application, therefore, succeeds and is, accordingly, allowed on condition that the applicant shall waive the claim of interest for the period of delay caused in preferring the First Appeal on enhanced amount of award, if any. The delay caused in filing the First Appeal is hereby condoned. Rule is made absolute accordingly with no order as to costs.
(D. M. DESAI,J) RINKU MALI Page 3 of 3 Downloaded on : Wed Jan 03 20:41:13 IST 2024