Gujarat High Court
Patel Meghaji Pabaji vs Land Acquisition And Rehabilitation ... on 3 November, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/5056/2025 ORDER DATED: 03/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5056 of
2025
In R/CROSS OBJECTION NO. 192 of 2025
With
R/CROSS OBJECTION NO. 192 of 2025
In
R/FIRST APPEAL NO. 4900 of 2023
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PATEL MEGHAJI PABAJI & ORS.
Versus
LAND ACQUISITION AND REHABILITATION OFFICER & ANR.
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Appearance:
MR JINESH H KAPADIA(5601) for the Applicant(s) No.
1,2,3,3.1,3.2,3.2.1,3.2.2,3.2.3,4
MR MAHESH P PATEL(3381) for the Applicant(s) No.
1,2,3,3.1,3.2,3.2.1,3.2.2,3.2.3,4
MR. SHIVAM DIXIT, AGP, for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 03/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) ORDER IN CIVIL APPLICATION:-
1. This application is filed by the applicants for condonation of delay of 534 days in presenting the Cross Objection in the appeal pending. First Appeal No.4900 of 2023 is preferred by the State Government against the judgment and award dated 29.09.2017 rendered by the Additional Senior Civil Judge, Deesa in LAR No.19 of Page 1 of 3 Uploaded by SIDDHARTH(HC01065) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:12 IST 2025 NEUTRAL CITATION C/CA/5056/2025 ORDER DATED: 03/11/2025 undefined 2005 to LAR No.22 of 2005. The appeal was preferred by the State Government with delay, which came to be condoned and later on by an order dated 08.12.2023, the appeal stood admitted.
2. Learned advocate for the applicants has particularly drawn attention of this Court to the pleadings in the application, where in para-4, it is submitted that based on the decision of the Hon'ble Supreme Court reported in (2014) 14 SCC 127, principle of letting of the interest on delayed action by the claimant was adopted and therefore, in the present case also, learned advocate for the applicants herein waives any claim over the interest for the delayed period if the cross objection is be allowed.
3. Learned AGP has objected to the grant of the application however, considering the fact that the matter arises out of the land acquisition proceedings, where lands of the applicants were acquired and the appeal preferred by the State is already filed and pending for final hearing, delay is required to be condoned. Page 2 of 3 Uploaded by SIDDHARTH(HC01065) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:12 IST 2025
NEUTRAL CITATION C/CA/5056/2025 ORDER DATED: 03/11/2025 undefined
4. In view of the aforesaid, the application is allowed. The delay of 534 days caused in preferring the Cross Objection is hereby condoned. ORDER IN CROSS OBJECTION:-
Admit. To be heard with alongwith the First Appeal.
(A.Y. KOGJE, J) (J. L. ODEDRA, J) SIDDHARTH Page 3 of 3 Uploaded by SIDDHARTH(HC01065) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:12 IST 2025