Gujarat High Court
Prabhaben Vallabhbhai vs Special Land Acquisition Officer on 21 November, 2025
NEUTRAL CITATION
C/CA/946/2025 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. 946 of
2025
In F/FIRST APPEAL NO. 3571 of 2025
With
R/CIVIL APPLICATION NO. 1167 of 2025
In
F/FIRST APPEAL NO. 3564 of 2025
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PRABHABEN VALLABHBHAI
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR GM AMIN(124) for the Applicant(s) No. 1
MR RITESH J TRIVEDI(3222) for the Applicant(s) No. 1
BHAVESH DESAI AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 21/11/2025
ORAL ORDER
1. This application is filed for condonation of delay of 2411 days by explaining following cause;
"2. The applicant states that since reference is old one, the applicant was not informed about the transfer of cases from one court to another court, lastly the matter was transferred to the 2nd Addl. Sr. Civil Judge, Jamnagar, since no notice was served about transfer of cases to the advocate of the applicant or to the applicant and therefore, the applicant has no knowledge about the case pending before the learned 2nd Addl. Sr. Civil Judge, and after the said case was decided ex-parte, the applicant came to know about Page 1 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:37 IST 2025 NEUTRAL CITATION C/CA/946/2025 ORDER DATED: 21/11/2025 undefined the order passed on 28/3/2018 and therefore certified copy was applied on 05.06.2021 and the same was delivered on 08.06.2021 and therefore there was delay in filing the aforesaid appeal.
3. The applicant states that the month of March, 2020 there was Covid-19 pandemic and therefore the applicant could not collect the fund and approach the concerned advocate for filing appeals. The Hon'ble Supreme Court in case of suo moto writ petition (Civil) no. 3 of 2020 passed an order that period of 15.03.2020 till 14.03.2021 is to be excluded for counting the period of limitation. Still, however there is some delay in filing the aforesaid appeal. Appellant had lost land and there is no another avocation to earn livelihood. Appellant having no money could not file appeal. In collecting money and engaging advcocate a time was consumed. And therefore the applicant is filing this application for condonation of delay.
4. The applicant states that the Land situated at village Falla is adjoining village of Moti Banugar, is acquired in a same Project of Rajkot-Jamnagar-Vadinar Four Track Road. where land is acquired of other claimants was earlier than the applicant's land. wherein the Hon'ble High Court is Orderd Remand in F.A.No. 2869 of 2021. and Reference Court has awarded Rs.125.00 per sq. mtr in Land Reference Case Nos. 127/2011 to 149/2011 dated 30.04.2022, after remand that cases. The applicant states that applicant has got a very strong case on merits and is likely to succeed in appeal and a Page 2 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:37 IST 2025 NEUTRAL CITATION C/CA/946/2025 ORDER DATED: 21/11/2025 undefined meritorious case cannot be thrown out on the ground of delay. Therefore, there is just and sufficient cause for condonation of delay in filing the First Appeal."
2. Learned advocate Mr. Amin for the applicant submits that in identically situated cases, this Court has passed an order in first Appeal No.2869 of 2021, remanding the references to the leaned Reference Court for deciding afresh. Learned advocate Mr. Amin submits that in the instant case also, the award was passed in absence of the applicants, applicants were not having knowledge with regard to the ex-parte award and on gaining the knowledge, they approached the learned Reference Court and applied for a certified copy. Learned advocate Mr. Amin submits that there was no ill intention on the part of the applicant in not approaching this Court in time. Learned advocate Mr. Amin submits that after remanding the other identically cases, the learned Reference Court has awarded the compensation by assessing the market value at the rate of Rs.125/- per sq. mtr. However, in the instant case, learned Reference Court has granted the compensation by assessing the market value at the rate of Rs.10/- per sq. mtr. Learned advocate Mr. Amin submits that he would not claim the interest for the interregnum period, Page 3 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:37 IST 2025 NEUTRAL CITATION C/CA/946/2025 ORDER DATED: 21/11/2025 undefined i.e., from the date of the award till the date of filing the application and therefore, he prays that this application may be allowed.
3. Per contra, learned AGP Mr. Dave 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. This Court has also referred to 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. This Court has also referred to the decision rendered by the Hon'ble Apex Court in the case of Huchanagouda V/s. Assistant Commissioner and Land Acquisition Officer, reported in 2020 (19) SCC 236, wherein the Court had taken into account the poverty and Page 4 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:37 IST 2025 NEUTRAL CITATION C/CA/946/2025 ORDER DATED: 21/11/2025 undefined 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.
4.1 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. Having considered the explanation offered in the application and the submissions made in the above paragraph Nos. 1 and 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.
5. 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 impugned judgment and award till the date of filing of the Page 5 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:37 IST 2025 NEUTRAL CITATION C/CA/946/2025 ORDER DATED: 21/11/2025 undefined present appeal.
6. Copy of this order shall be placed in the docket of the first appeal. Rule is made absolute.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 6 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:37 IST 2025