Gujarat High Court
Diwaliben Nathabhai (Expired) vs Special Land Acquisition Officer on 14 February, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/917/2025 ORDER DATED: 14/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 917 of
2025
In F/FIRST APPEAL NO. 36854 of 2024
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DIWALIBEN NATHABHAI (EXPIRED) & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4,5,6,7
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5,6,7
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 : 14/02/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN) By this application, the applicants have prayed for condoning the delay of 1974 days caused in preferring the captioned First Appeal.
2. Mr Tejas P. Satta, learned advocate for the applicants, submitted that as the applicants are semi-literate and full time agriculturists, unaware about the nuances of the procedural aspect of challenging the judgments, steps could not be taken. Also, other claimants, have approached this Court, challenging the judgment dated 26.04.2019 and decree dated 01.05.2019 passed in Land Acquisition Reference no.52 of 2003. Certain details were procured and the applicants, thereafter, started taking steps for the purpose of preferring the appeal. It is submitted that the applicants being small time agriculturists and mainly dependent on agricultural Page 1 of 3 Uploaded by BINOY B PILLAI(HC00183) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:27:47 IST 2025 NEUTRAL CITATION C/CA/917/2025 ORDER DATED: 14/02/2025 undefined income and in absence of any other source of income, it was difficult for the applicants to have taken steps for the purpose of filing an appeal. Order dated 12.01.2023 passed in Civil Application no.3428 of 2022 in F/First Appeal no.27050 of 2021, is placed on record. It is submitted that the said First Appeal is arising out of the Land Acquisition Reference no.52 of 2003; whereas, the case on hand, pertains to Land Acquisition Reference no.51 of 2003.
3. Mr Tejas Satta, learned advocate, has stated at bar that the applicants, shall not claim interest for the delayed period, if this Court were to allow the First Appeal of the applicants.
4. Ms Foram Trivedi, learned Assistant Government Pleader submitted that the delay is huge; however, considering the fact that the applicants, shall not be claiming interest for the delayed period if the First Appeal were to be allowed by this Court, appropriate order be passed.
5. Heard the learned advocates appearing for the respective parties.
6. Issue rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.
7. The applicants are small time agriculturists and mainly dependent on the agricultural income. Besides, they being semi- literate, were unaware about the nuances of the legal proceedings and the repercussion of not filing the appeal in time. Immediately, when it came to their knowledge that other similarly situated claimants have preferred an appeal, steps have been taken. In the Page 2 of 3 Uploaded by BINOY B PILLAI(HC00183) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:27:47 IST 2025 NEUTRAL CITATION C/CA/917/2025 ORDER DATED: 14/02/2025 undefined process, there occurred a delay of 1974 days.
8. Besides, it is declared before this Court at bar that the applicants in the event they succeed in the First Appeal, shall not claim interest for the delayed period, if the amount of compensation is enhanced.
9. Pertinently, F/First Appeal no.27050 of 2021, has been preferred wherein, there was a delay, which has been condoned by the co-ordinate Bench vide order dated 12.01.2023. The said Land Acquisition Reference no.52 of 2003 is arising out of the self-same impugned judgment.
10. Considering the explanation offered so also the principle laid down in the case of Dhiraj Singh (D) through Lrs. Etc. vs. Haryana State & Ors. etc. reported in (2014) 14 SCC 127 and the fact that the statement is made by Mr Tejas P. Satta, learned advocate on behalf of the applicants, that all the applicants declare before this Court about the aspect of not claiming the interest on the enhanced compensation for the period of delay, the delay of 1974 days caused in filing the captioned First Appeal deserves to be condoned and is hereby condoned.
11. Civil Application succeeds and is accordingly, allowed. Rule is made absolute. No order as to costs.
(SANGEETA K. VISHEN,J) (NIRAL R. MEHTA,J) BINOY B PILLAI Page 3 of 3 Uploaded by BINOY B PILLAI(HC00183) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:27:47 IST 2025