Gujarat High Court
Rabari Harjibhai Haribhai vs Special Land Acquisition Officer on 5 August, 2021
Bench: N.V.Anjaria
C/CA/824/2020 ORDER DATED: 05/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 824 of 2020
In F/FIRST APPEAL NO. 3837 of 2020
==========================================================
RABARI HARJIBHAI HARIBHAI
Versus
SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
MS.DIVYANGNA JHALA, AGP (99) for the Respondent(s) No. 1
RULE SERVED BY DS(65) for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 05/08/2021
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 Ms.Divyangna Jhala 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 30.1.2009 of the Reference Court in Land
Acquisition Reference Case No.2046 of 2009. In filing this
appeal there has been delay of 3924 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/824/2020 ORDER DATED: 05/08/2021
copy was immediately applied on 6.1.2020. 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 2009, however, awarded compensation thereunder
came to be deposited after twenty years.
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 Learned advocate for the applicant made a statement that
if the delay is condoned, the claimant- applicant shall not claim
interest for the delayed period. It is submitted that the applicant
has no objection if such condition is imposed as was imposed by
C/CA/824/2020 ORDER DATED: 05/08/2021
the Supreme Court in K. Subbarayudu and Others (supra).
5. In the aforesaid view, sufficient cause said to have been
made out. The delay deserves to be condoned. At the same time,
in the facts and circumstances of the case and as per the
statement made by learned advocate for the applicant, 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
