Chaudhary Jaydevbhai Dungarbhai vs General Manager

Gujarat High Court

Chaudhary Jaydevbhai Dungarbhai vs General Manager on 6 May, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/2347/2025                                   ORDER DATED: 06/05/2025

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                             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                           2347 of 2025

                                    In F/CROSS OBJECTION NO. 12330 of 2025

                                                     With
                                      R/CIVIL APPLICATION NO. 2349 of 2025
                                                       In
                                      F/CROSS OBJECTION NO. 12326 of 2025
                                                     With
                                      R/CIVIL APPLICATION NO. 2369 of 2025
                                                       In
                                      F/CROSS OBJECTION NO. 12319 of 2025
                                                     With
                                      R/CIVIL APPLICATION NO. 2394 of 2025
                                                       In
                                      F/CROSS OBJECTION NO. 12315 of 2025
                                                     With
                                      R/CIVIL APPLICATION NO. 2400 of 2025
                                                       In
                                      F/CROSS OBJECTION NO. 12294 of 2025
                      =============================================
                                       CHAUDHARY JAYDEVBHAI DUNGARBHAI
                                                    Versus
                                           GENERAL MANAGER & ANR.
                      =============================================
                      Appearance:
                      MR AV PRAJAPATI(672) for the Applicant(s) No. 1
                      MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1,2
                      MR. SHIVAM DIXIT, AGP FOR respondent State
                      =============================================
                       CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                      Date : 06/05/2025
                                    COMMON ORAL ORDER

1. Heard learned advocate Mr.A.V. Prajapati for the applicant - original respondent in the captioned appeals. Mr.Rituraj Meena, learned advocate has appeared on advance copy on behalf of respondent no.1 Corporation and Mr.Shivam Dixit, learned AGP has appeared on behalf of the State Page 1 of 3 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Wed May 07 2025 Downloaded on : Thu May 08 03:25:06 IST 2025 NEUTRAL CITATION C/CA/2347/2025 ORDER DATED: 06/05/2025 undefined Authority.

2. Issue Rule returnable forthwith. Mr. Meena, learned advocate waives service of Rule on behalf of respondent no.1 and Mr.Dixit, learned AGP waives service of Rule on behalf of respondent no.2.

3. Present applications are filed seeking condonation of delay 151 days caused in preferring the respective Cross Objections in the main appeals at the instance of the original claimants. It is submitted that the main appeal was admitted by this Court vide order dated 05.08.2024 and the notice of admission was served upon the present applicant on 25.08.2024. The applicants were not aware about the legal procedure for seeking enhancement of compensation by way of remedy of Cross Objection. It is submitted that the Court fees were to be managed to prefer Cross Objections since the amount of compensation was received only in the month of February 2025, the applicants were in position to pursue the remedy thereafter. By making aforesaid submissions, learned advocate for the applicants has submitted that the applicants being the small time agriculturist having lost their valuable lands may not be precluded from availing remedy of cross objection for seeking enhancement of amount of compensation, more particularly, when the very impugned judgment and award is pending consideration in the main appeal. Reliance was placed on the decision of the Hon'ble Supreme Court in the case of K.Subbaraydu & Ors vs. Special Deputy Collector (Land Acquisition) reported in 2017(12) SCC 840.

NEUTRAL CITATION C/CA/2347/2025 ORDER DATED: 06/05/2025 undefined

4. Mr. Meena, learned advocate for the respondent Corporation has objected to the aforesaid submissions and as according to him, no sufficient cause is made out to consider the applications for condonation of delay.

5. Having heard the learned advocates for the respective parties and having considered the averments made in the application and submissions made in this regard, in the opinion of this Court a reasonable explanation has been offered for considering the present applications seeking condonation of delay. Noticing the fact that impugned judgment and order is pending consideration in the main appeals and the applicants being the small time agriculturist having lost their valuable lands in the acquisition proceedings intends to pursue the remedy for seeking enhancement of the award amount for the effective and efficient justice, this Court is inclined to take liberal view and exercise its discretion. Hence, the delay of 151 days caused in preferring respective Cross Objections are hereby condoned. Rule is made absolute to the aforesaid extent in each of the applications. The Civil Applications are allowed.

(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH Page 3 of 3 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Wed May 07 2025 Downloaded on : Thu May 08 03:25:06 IST 2025