Lh Of Decd Of Ladha Mulji And Laxmanbhai ... vs State Of Gujarat

Gujarat High Court

Lh Of Decd Of Ladha Mulji And Laxmanbhai ... vs State Of Gujarat on 21 January, 2025

                                                                                                          NEUTRAL CITATION




                             C/CA/4975/2024                                ORDER DATED: 21/01/2025

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                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                                       NO. 4975 of 2024
                                             In
                               F/FIRST APPEAL NO. 22067 of 2024

                      ======================================
                         LH OF DECD OF LADHA MULJI AND LAXMANBHAI
                                     LADHABHAI & ORS.
                                           Versus
                                  STATE OF GUJARAT & ORS.
                      ======================================
                      Appearance:
                      MR ANKIT SHAH(6371) for the Applicant Nos.1,1.1,1.10,1.10.1,
                      1.10.2,1.10.3,1.11,1.12,1.12.1,1.12.2,1.12.3,1.12.4,1.13,1.2,1.3,1.4,1.5,1.6,1.
                      7,1.8,1.9
                      ADVANCE COPY SERVED TO GP for the Respondent No. 1
                      MR. SHIVAM DIXIT, AGP for the Respondent no.1
                      ======================================

                      CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 21/01/2025

                                                       ORAL ORDER

1. Heard Mr. Shah, learned advocate for the applicants - original claimants and Mr. Dixit, learned AGP on advance copy on behalf of the respondent - State authorities.

2. At the out-set, learned advocate for the applicants has placed reliance upon the order dated 8 th October, 2024 passed by the co-ordinate bench on application seeking condonation of delay caused in preferring the appeals against the same impugned judgment and award under challenge in the present appeal.

NEUTRAL CITATION C/CA/4975/2024 ORDER DATED: 21/01/2025 undefined

3. By referring to the aforesaid order, learned advocate for the applicants has submitted that the co-ordinate bench has after taking into considering the averments made in the application and the submissions made by the learned advocates for the parties has allowed the application seeking condonation of delay of similar number of days by accepting the case of the applicants as sufficient cause being made-out for condonation of delay.

4. Mr. Dixit, learned AGP for the respondent - State authorities has pointed-out that in fact, it was on condition that the claimants shall not be entitled to claim the interest for belated period i.e. from the date of judgment of reference Court till the filing of the first appeals, he had therefore urged to pass appropriate orders with the aforesaid rider.

5. Considering the submissions made by the learned advocates for the respective parties and having perused the order dated 8th October, 2024 passed by the co-ordinate Bench in Civil Application no.1509 of 2023 in F/First Appeal no.29035 of 2023 and allied matters, it transpires that against the same impugned judgment and award proposed to be challenged in this appeal, the co-ordinate Bench has condoned the delay. However, noticing the huge number of days of delay, the Court has condoned the delay on condition that the original claimants are not entitled to the interest during the interregnum period of delay in approaching this Court in appeal.

NEUTRAL CITATION C/CA/4975/2024 ORDER DATED: 21/01/2025 undefined

6. Considering the above aspect, the present application, where the original claimants, who being the affected land owners whose lands have been acquired, intends to challenge the very same impugned judgment and award are seeking enhancement of the amount of compensation, deserves consideration. To strike down the balance, the application seeking condonation of delay caused in preferring the appeal is hereby allowed on a condition that the applicants shall not be entitled to the interest during the interregnum period of delay in case if the appeal for enhancement of compensation is allowed. Civil Application stands allowed on the aforesaid terms.

(NISHA M. THAKORE, J.) AMAR RATHOD...