Gujarat High Court
Rajput Mohanji Bhagvanji Since ... vs Special Land Acquisition Officer on 28 July, 2021
Bench: N.V.Anjaria
C/CA/1218/2021 ORDER DATED: 28/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1218 of 2021
In F/FIRST APPEAL NO. 9784 of 2021
==========================================================
RAJPUT MOHANJI BHAGVANJI SINCE DECD THROUGH HEIRS
Versus
SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,1.1,1.2
for the Respondent(s) No. 2
MS DIVYANGNA JHALA, AGP(99) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 28/07/2021
ORAL ORDER
The application for condonation of delay in which delay has
taken place, arise from common judgment and award dated
20.2.2010 in Land Reference Case Nos.995 of 2003 to 1020 of
2003 decided by learned 3rd Additional District Judge, Mehsana.
1.2 In the facts of the case and having regard to the consent
and request of learned advocates appearing for the parties, the
application was taken up for final consideration.
1.3 Rule returnable forthwith. Learned Assistant Government
Pleader Ms. Divyangna Jhala waives service of rule on behalf of
the respondent State.
2. Heard learned advocate Mr.A.V.Prajapati for the applicants
and learned Assistant Government Pleader.
3. Delay of 3617 days has occasioned in preferring First
Appeal concerned. For instance, the captioned Civil Application
No.1218 of 2021 is relatable to First Appeal directed against
C/CA/1218/2021 ORDER DATED: 28/07/2021
common judgment and award in so far as it relates to Land
Reference Case No.1000 of 2003.
4. To explain the delay it was submitted that certified copy
was applied within two days from the date of judgment and
award, however, the amount was deposited late. In addition to
such aspect it was stated that First Appeal Nos.1762 to 1766 of
2016 arising out of the same common judgment and award have
been admitted by this Court. This factum cannot be disputed by
other side.
4.1 Learned advocate for the applicants has relied on decision
of the Supreme Court in K. Subbaraydu and Others Vs.
Special Deputy Collector, [2017 (12) SCC 840] to submit
that in that case delay of 3671 days was condoned and condition
was imposed that for such delayed period the claimants would
not claim interest. It was submitted that the applicants herein
are ready to face such condition provided that the Court
condones the delay.
5. In the facts and circumstances of the case, since other
First Appeals arising out of the very judgment and award has
been admitted and been considered, the present application
deserves to be treated on the same lines.
5.1 Having regard to the said aspect and considering the
averments made in the application, sufficient cause is made out
to condone the delay. At the same time, looking to the length of
the delay, it will be proper if the condition of forgoing of the
interest for the delayed period is imposed on the claimants.
C/CA/1218/2021 ORDER DATED: 28/07/2021
6. As per the above discussion, the present Civil Application
is allowed. Delay of 3617 days is condoned, however on
condition that the claimants shall not be entitled to claim the
interest for such delayed period in the event they succeed in the
prayer for enhancement of compensation.
7. Rule is made absolute in above terms.
(N.V.ANJARIA, J)
Manshi
