Gujarat High Court
Special Land Acquisition Officer vs Lhs Of Decd. Ishwarbhai Aatmaram on 15 September, 2025
NEUTRAL CITATION
C/CA/3199/2025 ORDER DATED: 15/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3199 of
2025
In F/FIRST APPEAL NO. 16796 of 2025
With
R/CIVIL APPLICATION NO. 3201 of 2025
In
F/FIRST APPEAL NO. 16868 of 2025
With
R/CIVIL APPLICATION NO. 3203 of 2025
In
F/FIRST APPEAL NO. 16865 of 2025
With
R/CIVIL APPLICATION NO. 3205 of 2025
In
F/FIRST APPEAL NO. 16792 of 2025
With
R/CIVIL APPLICATION NO. 3207 of 2025
In
F/FIRST APPEAL NO. 16875 of 2025
With
R/CIVIL APPLICATION NO. 3208 of 2025
In
F/FIRST APPEAL NO. 16872 of 2025
With
R/CIVIL APPLICATION NO. 3209 of 2025
In
F/FIRST APPEAL NO. 16869 of 2025
With
R/CIVIL APPLICATION NO. 3210 of 2025
In
F/FIRST APPEAL NO. 16798 of 2025
With
R/CIVIL APPLICATION NO. 3211 of 2025
In
F/FIRST APPEAL NO. 16790 of 2025
With
R/CIVIL APPLICATION NO. 3216 of 2025
In
F/FIRST APPEAL NO. 16871 of 2025
With
R/CIVIL APPLICATION NO. 3220 of 2025
In
F/FIRST APPEAL NO. 16802 of 2025
With
R/CIVIL APPLICATION NO. 3223 of 2025
In
F/FIRST APPEAL NO. 16793 of 2025
With
R/CIVIL APPLICATION NO. 3225 of 2025
Page 1 of 6
Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:05:31 IST 2025
NEUTRAL CITATION
C/CA/3199/2025 ORDER DATED: 15/09/2025
undefined
In
F/FIRST APPEAL NO. 16874 of 2025
With
R/CIVIL APPLICATION NO. 3226 of 2025
In
F/FIRST APPEAL NO. 16238 of 2025
With
R/CIVIL APPLICATION NO. 3227 of 2025
In
F/FIRST APPEAL NO. 16877 of 2025
With
R/CIVIL APPLICATION NO. 3230 of 2025
In
F/FIRST APPEAL NO. 16881 of 2025
With
R/CIVIL APPLICATION NO. 3235 of 2025
In
F/FIRST APPEAL NO. 16794 of 2025
With
R/CIVIL APPLICATION NO. 3236 of 2025
In
F/FIRST APPEAL NO. 16863 of 2025
With
R/CIVIL APPLICATION NO. 3237 of 2025
In
F/FIRST APPEAL NO. 16866 of 2025
With
R/CIVIL APPLICATION NO. 3238 of 2025
In
F/FIRST APPEAL NO. 16795 of 2025
With
R/CIVIL APPLICATION NO. 3239 of 2025
In
F/FIRST APPEAL NO. 16789 of 2025
With
R/CIVIL APPLICATION NO. 3244 of 2025
In
F/FIRST APPEAL NO. 16799 of 2025
With
R/CIVIL APPLICATION NO. 3251 of 2025
In
F/FIRST APPEAL NO. 16788 of 2025
With
R/CIVIL APPLICATION NO. 3259 of 2025
In
F/FIRST APPEAL NO. 16800 of 2025
With
R/CIVIL APPLICATION NO. 3260 of 2025
In
F/FIRST APPEAL NO. 16791 of 2025
With
R/CIVIL APPLICATION NO. 3261 of 2025
In
F/FIRST APPEAL NO. 16867 of 2025
With
Page 2 of 6
Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:05:31 IST 2025
NEUTRAL CITATION
C/CA/3199/2025 ORDER DATED: 15/09/2025
undefined
R/CIVIL APPLICATION NO. 3263 of 2025
In
F/FIRST APPEAL NO. 16870 of 2025
With
R/CIVIL APPLICATION NO. 3264 of 2025
In
F/FIRST APPEAL NO. 16804 of 2025
With
R/CIVIL APPLICATION NO. 3277 of 2025
In
F/FIRST APPEAL NO. 16864 of 2025
With
R/CIVIL APPLICATION NO. 3281 of 2025
In
F/FIRST APPEAL NO. 16801 of 2025
With
R/CIVIL APPLICATION NO. 3282 of 2025
In
F/FIRST APPEAL NO. 16878 of 2025
With
R/CIVIL APPLICATION NO. 3284 of 2025
In
F/FIRST APPEAL NO. 16873 of 2025
With
R/CIVIL APPLICATION NO. 3285 of 2025
In
F/FIRST APPEAL NO. 16797 of 2025
With
R/CIVIL APPLICATION NO. 3286 of 2025
In
F/FIRST APPEAL NO. 16876 of 2025
With
R/CIVIL APPLICATION NO. 3764 of 2025
In
F/FIRST APPEAL NO. 22088 of 2025
With
R/CIVIL APPLICATION NO. 3787 of 2025
In
F/FIRST APPEAL NO. 22080 of 2025
==========================================================
SPECIAL LAND ACQUISITION OFFICER & ANR.
Versus
LHS OF DECD. ISHWARBHAI AATMARAM & ORS.
==========================================================
Appearance:
MR RAHUL DAVE, MS. DHARITRI PANCHOLI, AGP for the
Applicant(s) No. 1,2
SHAILESH R THAKORE(9310) for the Respondent(s) No.
1.1,1.2,1.3,2.1,2.2.1,2.2.2,2.3,2.4,2.5
==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 15/09/2025
Page 3 of 6
Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:05:31 IST 2025
NEUTRAL CITATION
C/CA/3199/2025 ORDER DATED: 15/09/2025
undefined
ORAL ORDER
1. These applications are filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 1002 days in Civil Application No. 3199 of 2025 and 985 days in the other above captioned Civil Applications which has taken place in filing of first appeals.
2. Heard learned Assistant Government Pleader Ms. Dharitri Pancholi and Mr. Rahul Dave for the applicants and learned advocate Mr. Shailesh Thakore for the respondents.
3. Learned AGP submits that the judgment and award dated 13.05.2022 has been assailed by the applicants by way of First Appeal. It is submitted that after receipt of certified copy of impugned award the process of taking a decision to challenge the appeals was initiated. It is contended that the cause of delay is mainly in the administrative reason and and there is no lethargy on inaction on the part of the applicants.
4. Considering the averments made in the applications, it is Page 4 of 6 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:05:31 IST 2025 NEUTRAL CITATION C/CA/3199/2025 ORDER DATED: 15/09/2025 undefined submitted that the decision making process was immediately made into motion however, as the file has traveled through different departments of the applicants, hence the delay has occurred. It is contended that a lenient view be adopted by the Court while the period of delay is not so huge.
5. Per contra, learned advocate for the opponents has raised the objection by making a submissions that the reasons assigned in the applications are not sufficient and there is a clear inaction on the part of the applicants in challenging the impugned award. The reasons assigned in the applications are not sufficient and therefore, prayed for rejection of the applications.
6. Having considered the submissions canvassed by the learned advocates for the parties and the averments made in the applications the award dated 13.05.2022 came to be assailed by the applicants by way of these appeals. However, there is a delay in filing the appeals due to the administrative Page 5 of 6 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:05:31 IST 2025 NEUTRAL CITATION C/CA/3199/2025 ORDER DATED: 15/09/2025 undefined reasons. The reasons assigned in the applications indicate that the applicants have remained active all throughout and there is no intentional delay on the part of the applicants.
7. Considering the reasons stated in the applications, and the submissions canvassed by the learned AGP sufficient cause is made out for condonation of delay, In the interest of justice delay is condoned.
(D. M. DESAI,J) KKN Page 6 of 6 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:05:31 IST 2025