Patel Viththalbhai Shivram Since ... vs Special Land Acquisition Officer
2021 Latest Caselaw 6120 Guj

       C/FA/10207/2021                                  IA ORDER DATED: 16/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2021
            in Civil Application (for bring legal heirs) No. 1 of 2021
                      In F/FIRST APPEAL NO. 10207 of 2021
==========================================================

KANUBHAI SHIVABHAI PATEL Versus SPECIAL LAND ACQUISITION OFFICER ========================================================== Appearance:

D H BHARWAD for the PETITIONER(s) No. MR AV PRAJAPATI for the PETITIONER(s) No. MR. TIRTHRAJ PANDYA, ASSISTANT GOVERNMENT PLEADER/PP for the RESPONDENT(s) No. ========================================================== CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA Date : 16/06/2021 IA ORDER

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.

1.1 Rule, returnable forthwith. Learned Assistant Government Pleader Mr. Tirthraj Pandya 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. This application is filed seeking prayer to condone the delay of 1730 days which has taken place in filling the civil application for bringing the heirs and legal representatives of original claimant on record of the First Appeal.

4. It is submitted in the application that after the judgment and award was delivered by the Reference court in the year 2010, compensation was deposited by the authorities very late. The applicant could prepare themselves to file First Appeal only thereafter as until then they did not

C/FA/10207/2021 IA ORDER DATED: 16/06/2021

have the funds for legal expenses. They also learnt that in respect of the lands of the same village, other claimants have preferred the First Appeal before this court seeking higher compensation. The said First Appeals have been admitted by the Court. Therefore, the appeal was filed and at the time of filling of an appeal, it came to the knowledge that heirs are required to be joined as the original claimant Patel Viththalbhai Shivram had died on 26.4.2016. It was after the judgment and award of the Reference court. It is thereafter that the present application was filed to join the heirs.

4.1 Learned advocate submitted that delay has not occurred deliberately. He relied on the decision of the Supreme Court in K. Subbaraydu & Ors. vs. Special Deputy Collector (Land Acquisition) [ (2017) 12 SCC 840], in which the Supreme Court condoned the delay of 3671 days which had occurred in bringing the heirs on record.

5. Reasons furnished by the applicants are relevant and they can be said to be explaining the passage of time to make out sufficient cause. Delay has to be approached liberally. More particularly when it comes to the delay in filling the application to bring the heirs on record in the pending proceedings, greater leniency is permissible.

6. In the facts and circumstances of the case, prayer deserves to be granted. Delay of 1730 days occurred in filling application to bring on record the heirs of the original claimant, is condoned. Rule is made absolute.

7. Registry may list the application for bringing heirs.

(N.V.ANJARIA, J) C.M. JOSHI