Gujarat High Court
Koli Bharatji Chelaji vs Special Land Acquisition Officer Deesa on 21 November, 2025
NEUTRAL CITATION
C/CA/5036/2025 ORDER DATED: 21/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5036 of
2025
In F/FIRST APPEAL NO. 24619 of 2025
==========================================================
KOLI BHARATJI CHELAJI & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER DEESA & ANR.
==========================================================
Appearance:
MR RAKESH R PATEL(3239) for the Applicant(s) No. 1
MR.BHAVESH DESAI, AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
==========================================================
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. 20/2006. 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. 19/2017..
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 21:28:23 IST 2025 NEUTRAL CITATION C/CA/5036/2025 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. I4. It is respectfully submitted that during pendency of land reference case, the original claimant, father of the present applicants expired on 5/9/2016. However, the present applicants being legal heirs were not aware about any such proceedings of land reference.
5. The applicants submit that coming in to knowledge, immediately, by taking some legal advice, had filed Civil Misc Application No.5/2025 under order 22, rule 4 of the Civil Procedure code, 1908 for to bring legal heirs on record before the court of Principal Senior Civil Judge Deodar, District: Banaskantha. Thereafter, by an order dated 6/3/2025 passed by Principal Senior Civil Judge Deodar, District: Banaskantha in Civil Misc Application No.5/2025, applicants were permitted to joined as parties as legal heirs and representatives of the original claimant.
6. The applicants applied for certified copy of amended award and decree on 17/07/2025 and the same is received on 17/07/2025."
2. Learned Advocate Mr. Patel submits that the advocate Page 2 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:23 IST 2025 NEUTRAL CITATION C/CA/5036/2025 ORDER DATED: 21/11/2025 undefined 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. 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 Page 3 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:23 IST 2025 NEUTRAL CITATION C/CA/5036/2025 ORDER DATED: 21/11/2025 undefined 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 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 Page 4 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:23 IST 2025 NEUTRAL CITATION C/CA/5036/2025 ORDER DATED: 21/11/2025 undefined 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 21:28:23 IST 2025