Gujarat High Court
Dobariya Babubhai Chanabhai vs The Deputy Collector Land Acquisition ... on 21 November, 2025
NEUTRAL CITATION
C/CA/949/2025 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. 949 of
2025
In F/FIRST APPEAL NO. 3015 of 2025
With
R/CIVIL APPLICATION NO. 950 of 2025
In
F/FIRST APPEAL NO. 3358 of 2025
With
R/CIVIL APPLICATION NO. 3962 of 2025
In
F/FIRST APPEAL NO. 2993 of 2025
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DOBARIYA BABUBHAI CHANABHAI
Versus
THE DEPUTY COLLECTOR LAND ACQUISITION AND REHABILITATION &
ANR.
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Appearance:
MR GM AMIN(124) for the Applicant(s) No. 1
RAHUL DAVE 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. Rule returnable forthwith. Learned AGP Mr. Dave waives service of notice of Rule on behalf of respondents.
2. Learned advocate Mr. Amin for the applicant submits that in the common land acquisition proceedings, the other first appeals which are filed along with application for condonation of delay of similarly days, i.e., 1798 days, where delay is condoned by this Court vide its order dated 23.04.2025. Learned advocate Mr. Amin submits that, Page 1 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:42 IST 2025 NEUTRAL CITATION C/CA/949/2025 ORDER DATED: 21/11/2025 undefined considering the explanation offered by the claimants, the matters were admitted and pending for the final adjudication. Learned advocate Mr. Amin submits that the applicant would not claim the interest for the interregnum period, 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 Page 2 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:42 IST 2025 NEUTRAL CITATION C/CA/949/2025 ORDER DATED: 21/11/2025 undefined 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 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 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. Page 3 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:42 IST 2025
NEUTRAL CITATION C/CA/949/2025 ORDER DATED: 21/11/2025 undefined
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 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 4 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:28:42 IST 2025