Deputy Collector Land Acquistion ... vs Bhimsing Kalabhai Baria

Gujarat High Court

Deputy Collector Land Acquistion ... vs Bhimsing Kalabhai Baria on 17 July, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                NEUTRAL CITATION




                                C/CA/1694/2019                                  ORDER DATED: 17/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1694 of
                                                        2019
                                         In F/FIRST APPEAL NO. 5520 of 2019

                        ==========================================================
                                  DEPUTY COLLECTOR LAND ACQUISTION OFFICER & ORS.
                                                       Versus
                                           BHIMSING KALABHAI BARIA & ORS.
                        ==========================================================
                        Appearance:
                        MR SHIVAM PARIKH, AGP for the Applicant(s) No. 1,2,3
                        DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
                        for the Respondent(s) No. 4
                        MR SUNIL S JOSHI(2925) for the Respondent(s) No. 1,2,5
                        RULE SERVED for the Respondent(s) No. 3
                        ==========================================================

                           CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                                 and
                                 HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                Date : 17/07/2025
                                                 ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicants have prayed for condoning the delay of 477 days caused in preferring the captioned first appeal.

2. Mr.Shivam Parikh, learned Assistant Government Pleader for the applicants, at the outset states that the captioned appeal is arising out of Land Acquisition Reference Case no. 442 of 2008. This Court vide order dated 07.08.2019 condoned the delay caused in preferring the first appeal arising out of Land Acquisition Reference Case no. 441 of 2007. Request is made to pass similar order.

3. As per the endorsement, the respondents are duly served.

4. This Court vide order dated 07.08.2019 passed in R/ Civil Application No. 1693 of 2019 in F/First Appeal No. 5519 of Page 1 of 3 Uploaded by SINDHU NAIR(HC01395) on Fri Jul 18 2025 Downloaded on : Sat Jul 19 00:06:29 IST 2025 NEUTRAL CITATION C/CA/1694/2019 ORDER DATED: 17/07/2025 undefined 2019 arising out of Land Acquisition Reference Case no 441 of 2008 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 477 days occurred in preferring the First Appeal.

2. Heard learned Advocate Mr. J.K.Shah for the Applicant - State of Gujarat.

3. The Applicant has stated the grounds in the Application more particularly in paragraphs 2 to 5 of the Application for delay caused in preferring the First Appeal.

4. The Opponent has not filed any form of reply in affidavit against the contents of the application which is supported by affidavit

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 th 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 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 he 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 477 days caused in preferring the First Appeal is condoned.

Rule is made absolute."

NEUTRAL CITATION C/CA/1694/2019 ORDER DATED: 17/07/2025 undefined

5. Having regard to the averments made in the application so also, the above order, this Court, is of the opinion that delay of 477 days caused in filing the captioned appeal deserves to be condoned and is hereby condoned.

6. Civil application succeeds and is accordingly allowed. Rule is made absolute. No order as to costs.

(SANGEETA K. VISHEN,J) (MOOL CHAND TYAGI, J) SINDHU NAIR Page 3 of 3 Uploaded by SINDHU NAIR(HC01395) on Fri Jul 18 2025 Downloaded on : Sat Jul 19 00:06:29 IST 2025