Gujarat High Court
Agarben Ratnabhai Parbatbhai Kanbi ... vs Special Land Acquisition Officer on 1 April, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/851/2025 ORDER DATED: 01/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 851 of
2025
In F/FIRST APPEAL NO. 14464 of 2021
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AGARBEN RATNABHAI PARBATBHAI KANBI (EXPIRED) & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4,5
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5
MS. FORAM TRIVEDI, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 01/04/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. Captioned application, has been filed seeking condonation of delay of 1185 days caused in preferring the captioned first appeal.
2. Mr.Tejas P Satta, learned advocate for the applicants has placed on record the order dated 24.03.2025 passed in R/ Civil Application (for condonation of delay) No. 814 of 2025. It is urged that the delay condoned in first appeal filed is arising out of the self same judgment. Request is made to pass similar order. The claimants have declared before this Court that they shall not claim interest for the delayed period if this Court were to allow the appeal.
3. Ms. Foram Trivedi, learned Assistant Government Page 1 of 2 Uploaded by SINDHU NAIR(HC01395) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:29:52 IST 2025 NEUTRAL CITATION C/CA/851/2025 ORDER DATED: 01/04/2025 undefined Pleader submitted that since in identical matter, the delay is condoned, and the claimants are ready and willing to waive the interest for the delayed period, appropriate order may be passed.
4. Having regard to the averments made, so also the oral submissions and the fact that First Appeal No. 1234 of 2022 has been admitted arising out of Land Acquisition Reference Case No. 13 of 2007, this Court, is of the opinion that delay of 1185 days caused in filing the captioned First Appeal, deserves to be condoned and is hereby condoned.
5. Needless to clarify that the claimants shall not claim any interest for the delayed period, if the appeals filed were to be allowed.
6. Civil application succeeds and is accordingly allowed. Rule is made absolute. No order as to costs.
7. Copy of the order shall be placed in the record of respective First Appeals.
(SANGEETA K. VISHEN,J) (NIRAL R. MEHTA,J) SINDHU NAIR Page 2 of 2 Uploaded by SINDHU NAIR(HC01395) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:29:52 IST 2025