Gujarat High Court
Patel Prahladbhai Kacharabhai Since ... vs Special Land Acquisition Officer on 10 November, 2025
NEUTRAL CITATION
C/CA/3248/2025 ORDER DATED: 10/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3248 of
2025
In F/FIRST APPEAL NO. 20183 of 2024
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PATEL PRAHLADBHAI KACHARABHAI SINCE DECD. THROUGH LHS &
ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5
BHAVESH DESAI AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 10/11/2025
ORAL ORDER
1. Rule. Learned AGP Mr. Desai waives service of notice of rule on behalf of the respondent No.1.
2. Learned advocate Mr. Prajapati for the applicants submits that for the same acquisition proceedings, first appeals have been filed and the delay has been condoned by this Court. Learned advocate Mr. Prajapati submits that for the adjacent villages, namely, Mandotri, Runi and Hajipur, the compensation of Rs.150/- per Sq. Mtr. was awarded; however, the present applicant has been awarded additional compensation of Rs.44/- per Sq. Mtr. in addition to the Rs.9.20 paise per Sq. Mtr. Learned advocate Mr. Prajapati submits that the applicants belong to the poor family and are illiterate persons and only on getting Page 1 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:44:31 IST 2025 NEUTRAL CITATION C/CA/3248/2025 ORDER DATED: 10/11/2025 undefined knowledge with regard to the other first appeals which were filed, wherein the delay has been condoned. The present appeal is filed with condonation of delay of 4023 days. Learned advocate Mr. Prajapati submits that the claimants shall not press for interest for the said period of delay.
3. Per contra, learned AGP Mr. Desai for the respondent No.1 has opposed the application for condonation of delay.
4. This Court has referred to the decision rendered by the Hon'ble Apex Court in the case of Suresh Kumar V/s. State of Haryana and Others reported in 2025 SCC Online SC 896, wherein the Hon'ble Apex Court has held that even though there was long delay in filing the appeals, it was a case of compulsory acquisition and there had been a difference in the amount of compensation granted to some land losers vis-a-vis others. Relying on the decision rendered by the Hon'ble Apex Court in the case of Market Committee Hodal V/s. Krishan Murari, reported in 1996 (1) SC 311, wherein delay of 3240 days arising from the same acquisition had been condoned. The Hon'ble Apex Court has also relied on the decision rendered in the case of Huchanagouda V/s. Assistant Commissioner and Land Page 2 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:44:31 IST 2025 NEUTRAL CITATION C/CA/3248/2025 ORDER DATED: 10/11/2025 undefined Acquisition Officer, reported in 2020 (19) SCC 236, wherein the Court had taken into account the poverty and illiteracy of the land loser and condoned the delay of more than 2,000 days. While condoning the delay, the Hon'ble Apex Court had observed that equities had to be balanced by ensuring that the determination of market value relates back to the preliminary notification - making sure that there is no prejudice to the acquiring authorities, as also no undue advantage to the land loser. It is observed by the Hon'ble Apex Court that the appellants who approached the Court with delay, would not be granted interest for such period.
5. Having considered the explanation offered and the submissions made in the above paragraph No.2, this Court is of the considered view that the application requires to be allowed and the delay is required to be condoned. In that background, the application is allowed. Rule is made absolute.
6. It is needless to clarify that the applicants-original claimants shall not be entitled to the interest in event of the enhancement amount of compensation, if any, for the interregnum period i.e. from the date of pronouncement of the Page 3 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:44:31 IST 2025 NEUTRAL CITATION C/CA/3248/2025 ORDER DATED: 10/11/2025 undefined impugned judgment and award till the date of filing of the present appeal.
7. Copy of this order shall be placed in the docket of the first appeal.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 4 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:44:31 IST 2025