Gujarat High Court
Thakor Kapurji Galalji Since Decd ... vs Deputy Collector on 3 August, 2021
Bench: N.V.Anjaria
C/CA/1268/2021 ORDER DATED: 03/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1268 of 2021
In F/FIRST APPEAL NO. 9601 of 2021
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THAKOR KAPURJI GALALJI SINCE DECD THROUGH HEIRS
Versus
DEPUTY COLLECTOR
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Appearance:
DECEASED LITIGANT(100) for the Applicant(s) No. 1
MR AV PRAJAPATI(672) for the Applicant(s) No. 1.1,1.2
for the Respondent(s) No. 2
MS DIVYANGNA JHALA, AGP(99) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 03/08/2021
ORAL ORDER
In the facts of the case, Rule returnable forthwith. Learned
Assistant Government Pleader Ms.Divyangna Jhala waives
service of rule on behalf of the respondents.
1.1 Heard learned advocate Mr.A.V.Prajapati for the
applicants and learned Assistant Government Pleader.
2. The prayer in the application is to condone the delay
of 3891 days which has occasioned in preferring the
respective First Appeals.
3. The applicants- original claimants are desirous to
challenge the judgment and award dated 15.5.2009 passed
by the learned Additional District Judge and Presiding
Officer, 3rd Fast Track Court, Mehsana in group of Land
Acquisition Reference Case Nos.1358 to 1380 of 2003. It is
the case of the applicants in support of the prayer for
condonation of the delay that after the judgment and
C/CA/1268/2021 ORDER DATED: 03/08/2021
award was delivered on 15.5.2009, they could not apply for
the certified copy as they did not receive the compensation
amount and that the payment thereof was received only in
the year 2018.
3.1 The applicants have stated that they learnt that
higher compensation was awarded at Rs.119/- per sq.mtrs
in respect of the acquisition of the lands of adjacent Village
Kahoda. They further found that First Appeal No.1627 of
2013 was also preferred by another claimant of adjacent
Village Lunva.
4. It has been however mainly urged that since the
compensation amount was not paid and was paid after 10
years, the claimants did not have the financial means to
prefer the appeal. When the compensation was paid in the
year 2018-2019, they could prepare themselves to arrange
and to take decision to prefer the First Appeal.
4.1 In addition to the reliance placed by the applicants in
decision of the Supreme Court in K. Subbarayadu and
Others Vs. Special Deputy Collector, (Land
Acquisition) [(2017) 12 SCC 840], wherein the
Supreme Court condoned the delay of 3671 days, it was
further submitted by learned advocate for the applicants,
to be the clinching aspect in the present matters, that in
the similar cases in relation to same Village Mandali, the
acquisition of the other lands was undertaken and in those
cases, the delay of 3456 days occurred at the end of
claimants of those cases in preferring the First Appeals
have been condoned by this Court by order dated
C/CA/1268/2021 ORDER DATED: 03/08/2021
27.2.2020 passed in Civil Application No.1100 of 2020 and
allied applications in F/First Appeal No.5801 of 2020 and
other allied appeals. Order dated 12.2.2021 in Civil
Application No.470 of 2021 in F/First Appeal No.24478 of
2020 and allied appeals which were also said to be cognate
to the present matters was produced and relied on
wherein also delay of 3868 days have been condoned.
5. In the present case therefore, having regard to the
grounds mentioned in the memorandum of Civil
Application and further in light of the above orders in the
cognate appeals wherein delay is condoned, this Court is
inclined to consider these applications in favour of the
applicants to condone the delay of 3891 days.
6. Accordingly, the delay is condoned.
7. The Civil Application is allowed. Rule is made absolute.
(N.V.ANJARIA, J)
Manshi
