Chaudhary Daljibhai Jethabhai vs Deputy Collector
2021 Latest Caselaw 10146 Guj

      C/CA/479/2021                                         ORDER DATED: 30/07/2021


           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/CIVIL APPLICATION NO. 479 of 2021
                  In F/FIRST APPEAL NO. 2260 of 2021
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                      CHAUDHARY DALJIBHAI JETHABHAI
                                 Versus
                           DEPUTY COLLECTOR
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Appearance:
HIMANSHUKUMAR B PATEL(8327) for the Applicant(s) No. 1
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
MS DIVYANGNA JHALA, AGP for the Respondent(s) No.
RULE SERVED(64) for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
                              Date : 30/07/2021
                                  ORAL ORDER

Heard learned advocate Mr.A.V. Prajapati for the applicant and learned Assistant Government Pleader Ms.Divyangna Jhala for respondent No.1.

2. What is prayed in this application by the applicants-original claimants is to condone delay of 3926 days which has taken place in preferring the First Appeal against judgment and award dated 18th March, 2009 delivered in common in group of LAR Case Nos.1381-1399 of 2003 insofar as the same is referable to LAR No.1386 of 2003, passed by learned Additional District Judge, Mehsana.

3. The case of the applicant is that compensation was received in the year 2020 only which was after several years. It was thereafter only, as the funds are available, the applicant could take steps to consult advocate and finally appeal seeking enhancement in the compensation could be filed. It is stated that the applicant came to know that in respect of adjacent Village Nani Hirvani, higher compensation was awarded.

C/CA/479/2021 ORDER DATED: 30/07/2021

3.1 It was further undisputedly pointed out that First Appeal Nos.3312-3321 of 2017 was directed against judgment and award of the Reference Court wherein the land acquired was of the same village which was admitted and delay therein was condoned. It was submitted that the present claimant has to be treated in similar way so that he is not subjected to any injustice in the matter of compensation.

4. Though delay is apparently large, above cumulative facts explaining passage of time constitutes sufficient cause. It cannot be said that applicant-claimant contributed deliberately in passage of time.

5. However, when the delay is large, balance has to be struck by providing that the applicant will not be entitled to interest for the said delayed period in the event he succeeds in the appeal. In case of K. Subbarayadu v. Special Deputy Collector (Land Acquisition) [(2017) 12 SCC 840], the Supreme Court condoned delay of 3671 days on such condition.

6. For the reasons stated above, this application is allowed by condoning delay of 3926 days, however on condition that applicant shall not be entitled to claim interest of the delayed period in the event they succeed in the appeal.

7. Rule is made absolute accordingly.

(N.V.ANJARIA, J) ANUP