Udesinh Gulabsinh Since Decd. ... vs The State Of Gujarat
2021 Latest Caselaw 5634 Guj

      C/CA/877/2021                                          ORDER DATED: 08/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 877 of 2021
                       In R/FIRST APPEAL NO. 1568 of 2021

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     UDESINH GULABSINH SINCE DECD. THROUGH HIS LEGAL HEIRS
                             Versus
                     THE STATE OF GUJARAT
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Appearance:
MR VIJAY N RAVAL(2025) for the Applicant(s) No. 1,1.1,1.2,2
for the Respondent(s) No. 2,3
MR CHINTAN DAVE, AGP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
        and
        HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                 Date : 08/06/2021
                                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. Draft amendment is allowed. Necessary incorporation shall be carried out at the earliest.

2. Rule returnable forthwith. Mr. Chintan Dave, the learned AGP waives service of notice rule for and on behalf of the opponent.

3. This is an application at the instance of the original claimants seeking condonation of delay of 1887 days in preferring First Appeal against the judgment and award passed by the Principal Senior Civil Judge, Panchmahals, Godhra, dated 17th October, 2014 in Land Acquisition Reference No. 162 of 2013 (Main). In the application seeking condonation of delay, the following averments have been made:

"3. The applicants submit that due to the lack of legal knowledge and in absence of any legal advice the applicants could not prefer the present

C/CA/877/2021 ORDER DATED: 08/06/2021

appeal in time or at relevant time.

4. The applicants submit that during the period of lockdown the applicant came to know about the fact that the other similarly situated person whose References Cases have been decided by the same judgment and award dated 17/10/2014 have preferred the appeal before the Hon'ble High Court and their appeals have been admitted. Thus the applicant has taken the legal advise from the another advocate who has advice to file appeal before the Hon'ble High Court.

5. The applicants submit that the present appeal is prepared and filed as expeditiously as possible, however, the same could not be filed within time, in the given circumstances. It is submitted that as such there is no deliberate delay on the part of the applicants in filing this appeal and the applicants has filing this appeal as expeditious as possible, and in the circumstances the delay of 1887 days caused in filing the appeal is required to be condoned in the interest of justice.

6. It is submitted that the applicants are having meritorious case in his favour and there are all chances of success finally. It is submitted that the Ld. trial Court has granted the higher compensation in the other reference cases of the same village wherein the land was acquired by the same acquiring authority and for the same purpose, and thus the appellant is entitle for the higher compensation. It is well settled law that the meritorious case may not be defeated on the ground of technicalities and therefore also the delay caused in filing the appeal is required to be condone in the interest of justice."

4. Having heard the learned counsel appearing for the parties and having gone through the averments made in the application, we are of the view that although the delay is quite long and inordinate yet having regard to the fact that the First Appeals of other claimants arising from the very same reference have been admitted by this High Court, we are of the view that one opportunity should be given to the present applicants also.

5. In such circumstances, the delay is hereby condoned. The application is accordingly allowed. Rule made absolute.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) NEHA