Patel Kamleshbhai Shivabhai vs Special Land Acquisition Officer ...
2021 Latest Caselaw 12420 Guj

       C/CA/778/2021                                    ORDER DATED: 25/08/2021


            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 778 of 2021

                       In F/FIRST APPEAL NO. 8022 of 2021

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                   PATEL KAMLESHBHAI SHIVABHAI
                              Versus
     SPECIAL LAND ACQUISITION OFFICER AND DEPUTY COLLECTOR
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
MS DIVYANGNA JHALA, AGP (99) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                              Date : 25/08/2021

                                  ORAL ORDER

Heard learned advocate Mr.A.V. Prajapati for the applicant and learned Assistant Government Pleader Ms.Divnaygna Jhala for the respondent - State authorities.

2. The applicant-claimant has filed this application praying to condone delay of 470 days in preferring appeal against judgment and award of the Reference Court dated 05th September, 2018 which is a common judgment delivered by learned Principal Senior Civil Judge, Vijapur, District Mehsana in Land Acquisition Reference Case Nos.164-171 of 2015. The present case pertains to LAR No.166 of 2015.

3. The appeal is for enhancement proposed by the claimant. Land of the claimant was situated at Aaglod Village. The Reference Court delivered judgment on 18th February, 2021, however as per the case of the applicant, they had no means, financially

C/CA/778/2021 ORDER DATED: 25/08/2021

or otherwise, to go for preferring the appeal though they were not satisfied with the amount of compensation awarded by the Land Acquisition Officer.

3.1 As their poverty did not permit them to move the appeal, it was only when the compensation awarded Reference Court came to be deposited by the State in the month of February, 2021, that the possibility arose for the claimant to engage advocate and file appeal. Delay of 470 days has taken place for the above reasons.

4. The ground that the compensation was received late which prevented the claimant from filing appeal could be countenanced in the facts of the present case, inasmuch as, poor claimant could not arrange for funds and legal expenses etc. Learned advocate for the applicant relied on decision in case of K. Subbaraydu v. Special Deputy Collector (Land Acquisition) [(2017) 12 SCC 840] wherein the Supreme Court has condoned delay of 3671 days.

5. In the totality of facts and circumstances and in order that the claimant is given opportunity to seek enhancement in compensation on merit, he is not to be thrown out on the technical ground of delay. Sufficient cause is made out. Delay is condoned. Application is allowed.

Rule is made absolute.

(N.V.ANJARIA, J) ANUP