Gujarat High Court
Patel Khodidas Gangaram Since ... vs Special Land Acquisition Officer on 3 August, 2021
Bench: N.V.Anjaria
C/CA/1200/2021 ORDER DATED: 03/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1200 of 2021
In F/FIRST APPEAL NO. 4097 of 2021
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PATEL KHODIDAS GANGARAM SINCE DECD THROU HEIRS
Versus
SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,1.1,1.1.1,1.1.2,1.1.3,1.1.4
for the Respondent(s) No. 2
MR MANRAJ BAROT, 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 and with consent of learned
advocates appearing for the parties, the application was taken
up for final consideration.
1.1 Rule returnable forthwith. Learned Assistant Government
Pleader Mr.Manraj Barot waives service of rule on behalf of the
respondent State.
1.2 Heard learned advocate Mr.A.V.Prajapati for the applicant
and learned Assistant Government Pleader for the respondent
State.
2. The applicant has filed First Appeal against judgment and
award dated 29.9.2010 of the Reference Court in Land
Acquisition Reference Case No.2083 of 2006. In filing this
appeal there has been delay of 3366 days. It is to condone this
delay that the present application is filed.
3. After the deliverance of the judgment and award, certified
C/CA/1200/2021 ORDER DATED: 03/08/2021
copy was immediately applied on 11.10.2020. Explaining the
passage of time which resulted into delay it was submitted that
the applicant- claimant did not have funds to bare the expenses
to prefer the appeal. The judgment and award was delivered in
the year 2010, however, awarded compensation thereunder
came to be deposited in the year 2013 only.
3.1 It is the case that as the compensation amount was not
deposited, for want of money, the appeal could not be filed for
long time though the applicant had intention to file therefore
certified copy was immediately applied.
4. It was next submitted that simultaneously they knew about
order in the land acquisition reference case in respect of the
lands of same village in which case the higher compensation
than awarded in the instant case, came to be granted.
4.1 Learned advocate for the petitioner relied on decision of
the Supreme Court in K. Subbarayudu and Others
Vs. The Special Deputy Collector (Land Acquisition)
[(2017) 12 SCC 840] and also in Dhiraj Singh Vs. State of
Haryana and Others (2014) 14 SCC 127 wherein the
Supreme Court has condoned delay which was large in terms of
days in preferring the appeal against the land acquisition cases.
4.2 In addition to above, learned advocate for the applicant
relied on order dated 24.3.2021 of the Co-ordinate Bench in Civil
Application No.714 of 2021 in First Appeal No.4100 of 2021. The
said First Appeal was cognate inasmuch as the acquisition of
C/CA/1200/2021 ORDER DATED: 03/08/2021
land was under the same notifications under Sections 4 and 6 of
the Act. In that case also there was delay of 3366 days, which
was condoned by the Court.
5. In the aforesaid view, sufficient cause said to have been
made out. The delay deserves to be condoned. At the same time,
as could be seen from the aforementioned order dated 24.3.2021
also, condition is required to be imposed on the applicant-
claimant that he shall not claim any interest for the delayed
period in respect of the enhanced compensation, in the event,
the appeal is allowed.
6. The applicant shall file such undertaking on oath to the
effect as above that he will not claim any interest for the delayed
period if partly or fully succeeds in this appeal, within three
weeks from today before this Court.
7. On the aforesaid condition, delay is condoned. The present
application is allowed. Rule is made absolute in the said terms.
(N.V.ANJARIA, J)
Manshi
