Gujarat High Court
Sureshbhai Dhanabhai Pambhar vs State Of Gujarat on 26 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/1580/2025 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1580 of
2025
In F/FIRST APPEAL NO. 26993 of 2021
With
R/CIVIL APPLICATION NO. 2319 of 2025
In
F/FIRST APPEAL NO. 27016 of 2021
With
R/CIVIL APPLICATION NO. 2326 of 2025
In
F/FIRST APPEAL NO. 27014 of 2021
With
R/CIVIL APPLICATION NO. 2327 of 2025
In
F/FIRST APPEAL NO. 27005 of 2021
With
R/CIVIL APPLICATION NO. 2382 of 2025
In
F/FIRST APPEAL NO. 27000 of 2021
With
R/CIVIL APPLICATION NO. 2542 of 2025
In
F/FIRST APPEAL NO. 27008 of 2021
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SURESHBHAI DHANABHAI PAMBHAR
Versus
STATE OF GUJARAT
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Appearance:
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
APPEARANCE IN CIVIL APPLICATION NO.1580 of 2025, CIVIL
APPLICATION NO. 2319 of 2025 and CIVIL APPLICATION NO. 2382 of
2025: MR. SHIVAM DIXIT, AGP for the Respondent(s) No. 1
APPEARANCE IN CIVIL APPLICATION NO. 2326 of 2025, CIVIL
APPLICATION NO. 2327 of 2025 and CIVIL APPLICATION NO. 2542 of
2025: MS. SWEETY SAMARA, AGP for the Respondent(s) No. 1
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NEUTRAL CITATION
C/CA/1580/2025 ORDER DATED: 26/09/2025
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 26/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. Rule returnable forthwith. Learned AGP waives service of notice of rule on behalf of the respondent- State.
2. This application is filed by the applicant under Section 5 of the Limitation Act originally for condoning the delay of 621 days in preferring First Appeal against the judgment and decree of the Land Acquisition Reference Court being Land Acquisition Reference (LAR) No.829/2004. Award by the Reference Court was passed as Common Order with regard to other Land References arising out of same acquisition proceedings.
3. Learned Advocate has today moved Draft Amendment to amend prayer clause, which is mentioned in Para-4 of Draft Amendment. Accordingly, applicant is permitted to carry out amendment as mentioned in Para-4 of Draft Amendment. Amendment to be carried out forthwith.
4. As per amended Prayer Clause now, prayer would read for condoning the delay of 1332 days, which including the period of COVID-19 Pandemic.
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5. Learned Advocate for the applicant has drawn attention of this Court to several paras, wherein it is averred chronology of event with regard to procuring of certified copies pursuant to pronouncement of judgment pronounced in the year 2018. It is also averred that the applicant being Agriculturist residing in remote Village, was unable to contact Advocate for assigning the matter to him. He has also averred that the applicant was of poor financial resource and because of his lack of education, had consumed substantial period in seeking legal advice and approaching Advocate for filing his Appeal in the High Court. It is submitted that it was only in the year 2019 that the applicant was able to engage Advocate and had visited along with his Legal Representatives to Ahmedabad in December, 2019.
6. It is also averred that with great difficulty, he was able to collect money for the purpose for preferring present Appeal. Along with application, separate Affidavit is filed to substantiate claim of the applicant with regard to situation and circumstances that he faced, as a result of which the delay is occurred.
7. It is brought to the notice of this Court that present Appeals are only part of the Appeals, which are already preferred before this Court, wherein the delay has already been condoned. Attention is also drawn of this Court to order dated 18-06-2025 passed in Civil Application No.1632 of 2025 in F/First Appeal No.27002 of Page 3 of 5 Uploaded by MR PARESH J SOMPURA(HC00451) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:37:28 IST 2025 NEUTRAL CITATION C/CA/1580/2025 ORDER DATED: 26/09/2025 undefined 2021, which is also Appeal arising out of Reference from very land acquisition proceedings arising out of Section-4 Notification dated 13-02-1996 and Section-6 Notification dated 26-12-1996. Aforesaid First Appeal is now registered as First Appeal No.2126 of 2025. As the Coordinate Bench of this Court has taken into consideration the delay aspect and has condoned the same in the Appeal arising out of same land acquisition proceedings, the Court is inclined to adopt the same modus and condone the delay. However, this Court also observes that as the delay lies at the foot step of the applicant himself, who is claimant, in that eventuality, the State is not required to suffer consequences of such delay and hence, the applicant shall not entitled to and claim an interest, if any on the enhancement amount of compensation, if so granted at the time of final disposal of Appeal for a period, for which the delay has been condoned by the present order.
8. Considering the aforesaid, particularly, period of 1332 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
9. Considering the submissions and the contents of the para mentioned hereinabove, the delay is also explained sufficiently.
10. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, Page 4 of 5 Uploaded by MR PARESH J SOMPURA(HC00451) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:37:28 IST 2025 NEUTRAL CITATION C/CA/1580/2025 ORDER DATED: 26/09/2025 undefined reported in (2023) 10 SCC 531, wherein the term "Sufficient Cause" was interpreted and the approach of Courts while deciding application for condonation of delay was discussed.
11. In view of the aforesaid, the application is allowed. Rule is made absolute to the aforesaid extent. The delay of 1332 days days in preferring First Appeal against the judgment and decree of the Land Acquisition Reference Court being Land Acquisition Reference (LAR) No.829/2004 is hereby condoned. Registry is directed to list the main appeals in due course.
(A.Y. KOGJE, J) (J. L. ODEDRA, J) PARESH SOMPURA Page 5 of 5 Uploaded by MR PARESH J SOMPURA(HC00451) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:37:28 IST 2025