Gujarat High Court
Muman Abbasbhai Ibrahimbhai ... vs Special Land Acquisition Officer on 25 August, 2021
Bench: N.V.Anjaria
C/CA/489/2021 ORDER DATED: 25/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 489 of 2021
In F/FIRST APPEAL NO. 559 of 2021
With
R/CIVIL APPLICATION NO. 490 of 2021
With
R/CIVIL APPLICATION NO. 491 of 2021
With
R/CIVIL APPLICATION NO. 492 of 2021
With
R/CIVIL APPLICATION NO. 493 of 2021
With
R/CIVIL APPLICATION NO. 494 of 2021
With
R/CIVIL APPLICATION NO. 495 of 2021
With
R/CIVIL APPLICATION NO. 496 of 2021
With
R/CIVIL APPLICATION NO. 497 of 2021
With
R/CIVIL APPLICATION NO. 498 of 2021
With
R/CIVIL APPLICATION NO. 499 of 2021
With
R/CIVIL APPLICATION NO. 500 of 2021
With
R/CIVIL APPLICATION NO. 501 of 2021
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MUMAN ABBASBHAI IBRAHIMBHAI MOKNOJIYA
Versus
SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
MR MANRAJ BAROT, AGP(1) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 25/08/2021
ORAL ORDER
All the captioned applications seeking condonation of delay
C/CA/489/2021 ORDER DATED: 25/08/2021
are filed in the First Appeals arising out of common judgment
and award dated 29.2.2012 of learned Principal Senior Civil
Judge, Patan in Land Reference Case Nos.156 of 2009 to 171 of
2009 and Land Reference Case Nos.173 of 2009 to 175 of 2009.
1.1 In the facts of the case and with consent of learned
advocates appearing for the parties, all the applications were
taken up for final consideration.
1.2 Rule returnable forthwith. Learned Assistant Government
Pleader Mr.Manraj Barot waives service of rule on behalf of the
respondent State in each Civil Applications.
1.3 Heard learned advocate Mr.A.V.Prajapati for the applicants
and learned Assistant Government Pleader for the respondent
State.
2. Delay of 2848 days has taken place in preferring the First
Appeals. For instance, the Civil Application captioned No.489 of
2021 is in First Appeal No.559 of 2021 which corresponds to the
common judgment and award in so far as it relates to Land
Reference Case No.157 of 2009.
3. The details of the respective cases are tabularized herein
below.
Sr.Nos. Civil Applications First Appeals Land Reference
Cases
1 Civil Application First Appeal No.559 L.A.R. No.157 of
No.489 of 2021 of 2021 2009
2 Civil Application First Appeal No.561 L.A.R. No.158 of
No.490 of 2021 of 2021 2009
3 Civil Application First Appeal No.564 L.A.R. No.160 of
C/CA/489/2021 ORDER DATED: 25/08/2021
No.491 of 2021 of 2021 2009
4 Civil Application First Appeal No.567 L.A.R. No.161 of
No.492 of 2021 of 2021 2009
5 Civil Application First Appeal No.569 L.A.R. No.162 of
No.493 of 2021 of 2021 2009
6 Civil Application First Appeal No.571 L.A.R. No.165 of
No.494 of 2021 of 2021 2009
7 Civil Application First Appeal No.573 L.A.R. No.164 of
No.495 of 2021 of 2021 2009
8 Civil Application First Appeal No.575 L.A.R. No.165 of
No.496 of 2021 of 2021 2009
9 Civil Application First Appeal No.577 L.A.R. No.169 of
No.497 of 2021 of 2021 2009
10 Civil Application First Appeal No.579 L.A.R. No.170 of
No.498 of 2021 of 2021 2009
11 Civil Application First Appeal No.583 L.A.R. No.174 of
No.500 of 2021 of 2021 2009
12 Civil Application First Appeal No.585 L.A.R. No.175 of
No.501 of 2021 of 2021 2009
13 Civil Application First Appeal No.581 L.A.R. No.173 of
No.499 of 2021 of 2021 2009
4. Explaining the delay it was stated that the common
judgment and award was delivered on 29.2.2012, however the
compensation awarded was received by applicants in the year
2018-19, that is after six years. The non availability of sufficient
funds prevented the applicants to prefer the appeal.
4.1 It is further stated that subsequently they also knew that
the claimants- owners of the lands of the same village that is
Khali where date of Notification under Section 4 was
20.12.2001, the Reference Court awarded the compensation at
Rs.190/- per sq.meters. It was further stated that the claimants
preferred First Appeal Nos.1359 to 1369 of 2012 with First
Appeal No.1358 of 2012, wherein this Court finalized
compensation from Rs.190/- to Rs.264.35/- per sq.meters. It was
C/CA/489/2021 ORDER DATED: 25/08/2021
submitted that in the present case also the same instance are
relied on but lesser compensation is awarded. This aspect also
persuaded and prompted the applicants to prefer the appeal.
4.2 Learned advocate for the petitioners 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.
4.3 Learned advocate for the applicants made a statement that
if the delay is condoned, the claimants- applicants, in each Civil
Applications, shall not claim interest for the delayed period. It is
submitted that the applicants have no objection if such condition
is imposed as was imposed by 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 applicants,
condition is required to be imposed on the applicants- claimants
that they 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 in all Civil Applications shall file such
undertaking on oath to the effect as above that they will not
claim any interest for the delayed period if partly or fully
C/CA/489/2021 ORDER DATED: 25/08/2021
succeeds in this appeal, within three weeks from today before
this Court.
7. On the aforesaid condition, delay is condoned in all Civil
Applications. Applications are allowed. Rule is made absolute in
the said terms in each.
(N.V.ANJARIA, J)
Manshi
