Gujarat High Court
Land Acquisition And Rehabilitation vs Patel Babubhai Dharmdas (Since ... on 29 January, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/1532/2019 ORDER DATED: 29/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1532 of
2019
In F/FIRST APPEAL NO. 9838 of 2019
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LAND ACQUISITION AND REHABILITATION & ORS.
Versus
PATEL BABUBHAI DHARMDAS (SINCE DECEASED THROUGH LEGAL
HEIRS) & ORS.
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Appearance:
MS. FORAM TRIVEDI, AGP for the Applicant(s) No. 1,2,3
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 1.1,1.2,1.3,1.4,1.5,1.6
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 29/01/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. By this application, the applicant has prayed for condoning the delay of 377 days caused in preferring the captioned first appeal.
2. Ms. Foram Trivedi, learned Assistant Government Pleader states that the captioned appeal is arising out of the judgment dated 20.09.2017 passed in Land Acquisition Reference Case No. 235 of 2017 and other allied matters. Attention is invited to the order dated 14.08.2019 passed in Civil Application No. 1533 of 2019. It is the stand of the applicant that the said first appeal is arising out of Land Page 1 of 3 Uploaded by SINDHU NAIR(HC01395) on Mon Feb 03 2025 Downloaded on : Mon Feb 03 21:41:06 IST 2025 NEUTRAL CITATION C/CA/1532/2019 ORDER DATED: 29/01/2025 undefined Acquisition Reference Case No. 236 of 2017 i.e. the self same judgment wherein the delay of 377 days has been condoned.
3. Though served, the respondents have chosen not to enter appearance.
4. This Court in R/Civil Application No. 1533 of 2019 in F/First Appeal No. 9842 of 2019 on 14.08.2019 has passed the following order:
"1. The present Application is filed by the Applicant under Section 5 of the Limitation Act for condonation of delay of 377 days occurred in preferring the First Appeal.
2. Heard learned AGP Mr.J.K. Shah for the Applicant and learned advocate Mr.Y.H. Motiramani for the opponent.
3. The Applicant has stated the grounds in the Application more particularly in paragraphs 2 and 3 of the Application for delay caused in preferring the First Appeal.
4. Since no one is appearing on behalf of the opponent, any affidavit controverting the application is not filed.
5. The Hon'ble Apex Court has laid down the broad guidelines with regard to the approach in such matters of condonation of delay.
5.1 The Hon'ble Apex Court in a judgment reported in (2010) 5 SCC 459 in case of Oriental Aroma Chemical Industries Ltd. v. Gujarat Industrial Development Corporation & Anr., wherein it has been observed:
".....the courts are bestowed with the power to condone the delay, if sufficient cause is shown. .......................... The expression 'sufficient cause' is elastic enough to enable the courts to apply the law in a meaningful manner which subserves the ends of justice. Although, no hard and fast rule can be laid down in dealing with the applications for condonation of delay, this Court has justifiably advocated adoption of a liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate. ..."
5.2 The Hon'ble Apex Court in a judgment reported in AIR Page 2 of 3 Uploaded by SINDHU NAIR(HC01395) on Mon Feb 03 2025 Downloaded on : Mon Feb 03 21:41:06 IST 2025 NEUTRAL CITATION C/CA/1532/2019 ORDER DATED: 29/01/2025 undefined 2010 SC 3043 in case of Balvant Singh (Dead) v. Jagdish Singh & Ors., has also considered the sufficient cause with the observation that it should be elastic enough to allow the party to have the recourse before the higher forum.
6. Considering the facts and circumstances and the averments made in the Application and also the grounds mentioned in the Application, the applicant has satisfied to this Court that she has sufficient cause for not preferring the Appeal within prescribed time limit. Therefore, the present Application deserves to be allowed.
7. Hence, the present Application is allowed. Delay of 377 days caused in preferring the First Appeal is condoned.
Rule is made absolute."
5. It is not in dispute that the captioned appeal is directed against the self same judgment dated 20.09.2017 passed by the learned Principal Senior Civil Judge, Mahisagar, Lunawada in Land Acquisition Reference Case No. 235 of 2017 and other allied matters.
6. Having regard to the averments made so also the oral submissions and considering the order dated 14.08.2019, this Court, is of the opinion that delay of 377 days caused in filing the captioned appeal deserves to be condoned and is hereby condoned.
7. Civil application succeeds and is accordingly allowed. Rule is made absolute. No order as to costs.
(SANGEETA K. VISHEN,J) (NIRAL R. MEHTA,J) SINDHU NAIR Page 3 of 3 Uploaded by SINDHU NAIR(HC01395) on Mon Feb 03 2025 Downloaded on : Mon Feb 03 21:41:06 IST 2025