Gujarat High Court
Koli Malaji Vasaji vs Special Land Acquisition Of Officer ... on 21 November, 2025
NEUTRAL CITATION
C/CA/5030/2025 ORDER DATED: 21/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5030 of
2025
In F/FIRST APPEAL NO. 24570 of 2025
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KOLI MALAJI VASAJI
Versus
SPECIAL LAND ACQUISITION OF OFFICER ,DEESA & ANR.
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Appearance:
MR RAKESH R PATEL(3239) for the Applicant(s) No. 1
MR.RAHUL DAVE, AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 21/11/2025
ORAL ORDER
1. This application is filed seeking condonation of a delay of 949 days in preferring the First Appeal. The applicant- claimant has made the following averments in paragraphs 2, 3, 4, 5, and 6 of the application:-
"2. It is respectfully submitted that reference under section 18 of the land acquisition act, 1894 was filed in the year 2006 before the Hon'ble Principal Senior Civil Judge, Deesa Dist: Banaskantha and it was registered as LAR no. 19/2006. However, subsequently, case was transferred to the court of Hon'ble Principal Senior Civil Judge, Deodar Dist: Banaskantha and was given new LAR number being LAR no. 18/2017.
3. It is submitted that the above referred case was listed for Page 1 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:07 IST 2025 NEUTRAL CITATION C/CA/5030/2025 ORDER DATED: 21/11/2025 undefined hearing after so many years before the Hon'ble Principal Senior Civil Judge, Deodar. That the appellant being an agriculturist, illiterate villager and residing in the interior part of Banaskantha district had no any much resources and thereby had relied upon the co-villagers-claimants and the concerned advocate who was engaged by the appellant with other similarly situated farmers at the relevant time. However, the concerned advocate had not informed the applicant about any hearing or anything. That on the date of hearing, in absence of advocate, the case of the appellant could not be represented and hence, in absence of any evidence, the learned Principal Senior Civil Judge, Deodar, Dist: Banaskantha by Judgment and Award dated 26/09/2022 was pleased to dismissed the Reference of the original claimant, appellant herein..
4. The applicant submit that by taking some legal advice, on 20/08/2024 had applied the certified copy of the impugned judgement and order which was received on 2/9/2024..
5. It is respectfully submitted that the applicant is the poor, illiterate agriculturist and hence was not in position to afford fees of lawyer for to file appeal in the Hon'ble Gujarat high court. Therefore, he waited for other similarly situated claimants of the same land acquisition case and to file cases as group case to avoid financial burden. More particularly when the LAR of the applicant has been dismissed and thereby not awarded any amount, the applicant has no any fund. That so far as other claimants of the same land acquisition case is concerned, it is submitted that since the main claimant of respective case expired during the pendency of reference case, respective legal heirs had filed appropriate applications to bring the legal heirs on record. Subsequent to the aforesaid, other claimants applied for certified copy of amended award and decree on 20/08/2024 and the same is received on Page 2 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:07 IST 2025 NEUTRAL CITATION C/CA/5030/2025 ORDER DATED: 21/11/2025 undefined 22/08/2024..
6. The applicant submits that there is no any deliberate delay on the part of the applicants. However, if the delay caused in filing appeal is condone, no grate prejudice will cause to the other side."
2. Learned Advocate Mr. Patel submits that the advocate earlier engaged by the claimants did not remain present before the learned Reference Court, resulting in the dismissal of the reference cases. Consequently, the Reference Court confirmed the award passed by the Land Acquisition Officer, who had assessed the market value and granted compensation at the rate of Rs. 2.50 per square meter. Learned Advocate Mr. Patel further submits that, in identically situated cases, the same Reference Court has awarded compensation at the rate of Rs. 56/- per square meter. However, due to the absence of the learned advocate, the present reference cases came to be rejected. Learned Advocate Mr. Patel submits that if the present delay application, as well as the First Appeals, are allowed and the references are restored to their original files, the applicants shall not claim interest for the period commencing from the date of framing of issues until the filing of the First Appeals. Page 3 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:07 IST 2025
NEUTRAL CITATION C/CA/5030/2025 ORDER DATED: 21/11/2025 undefined In the aforesaid background, learned Advocate prays that the present application be allowed and the delay of 949 days be condoned.
3. Per contra, the application is vehemently opposed by learned Advocate Ms. Amin, who submits that the entire judicial machinery cannot be set into motion merely on account of an alleged lapse on the part of the advocate. Learned Advocate Ms. Amin further submits that no evidence has been placed on record to show that any steps were taken against the concerned advocate, and that the applicant has failed to demonstrate due diligence or vigilance in following up the matter with the advocate. Therefore, the delay cannot be condoned solely on such grounds. In this background, learned Advocate Ms. Amin prays that the present application be dismissed.
4. Having considered the submissions advanced by the learned advocates for the respective parties, it emerges that the present matters pertain to compulsory acquisition, whereby the claimants have lost their valuable land. The claimants, being illiterate, were entitled to higher compensation; however, they were Page 4 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:07 IST 2025 NEUTRAL CITATION C/CA/5030/2025 ORDER DATED: 21/11/2025 undefined awarded only a meagre amount by the Land Acquisition Officer. Owing to the lapse on the part of the learned advocate representing them, the said award came to be upheld in the Land Reference Cases.
5. Considering the averments made in the application and the submissions advanced by the learned advocates, this Court is of the opinion that the application deserves to be allowed, with the clarification that the applicant shall not be entitled to claim interest, in the event of succeeding in the First Appeal as well as in the Land Reference Cases, for the period commencing from the date of framing of the issues until the date of filing of the First Appeal.
(M. K. THAKKER,J) NIVYA A. NAIR Page 5 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:07 IST 2025