Patel Parsottambhai Haribhai ... vs Special Land Acquisition Officer
2021 Latest Caselaw 6124 Guj

       C/FA/4393/2021                               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 F/FIRST APPEAL NO. 4393 of 2021
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PATEL PARSOTTAMBHAI HARIBHAI SINCE DECD THROUGH HIS HEIRS Versus SPECIAL LAND ACQUISITION OFFICER ========================================================== Appearance:

MR AV PRAJAPATI for the PETITIONER(s) No. MR. TIRTHRAJ PANDYA, for the RESPONDENTS ==========================================================

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 applicant and learned Assistant Government Pleader.

3. This application is filed seeking prayer to condone the delay of 2063 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 only in the year 2013. The applicant could

C/FA/4393/2021 IA ORDER DATED: 16/06/2021

prepare themselves to file First Appeal only thereafter as until then they did not have the funds for legal expenses. They also learnt that in respect of the lands of the same village, higher compensation was awarded to another claimant-owner. 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 Parsottambhai Haribhai had died on 23.7.2014. I was after the judgment and award of the Reference court. It 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 2063 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