Gujarat High Court
Suthar Maganbhai Sendhabhai ... vs Special Land Acquisition Officer on 22 June, 2021
Bench: N.V.Anjaria
C/CA/883/2021 ORDER DATED: 22/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 883 of 2021
In F/FIRST APPEAL NO. 9787 of 2021
With
R/CIVIL APPLICATION NO. 884 of 2021
With
R/CIVIL APPLICATION NO. 885 of 2021
With
R/CIVIL APPLICATION NO. 886 of 2021
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SUTHAR MAGANBHAI SENDHABHAI SINCE DECD THROUGH HEIRS
SUTHAR GUNVANTBHAI MAGANBHAI
Versus
SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS.NIDHI VYAS, AGP and MR.TIRTHRAJ PANDYA, AGP(99) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 22/06/2021
ORAL ORDER
All these applications for condonation of delay could be
considered together in view that the respective First Appeals 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, all
these applications were taken up for final consideration.
1.3 Rule returnable in each of the applications forthwith.
Learned Assistant Government Pleader Mr.Tirthraj Pandya
appears for the respondent State in first two Civil Applications
C/CA/883/2021 ORDER DATED: 22/06/2021
whereas learned Assistant Government Pleader Ms.Nidhi Vyas
appears in the other two Civil Applications. They waives service
of rule on behalf of the respondent State.
2. Heard learned advocate Mr.A.V.Prajapati for the applicants
in all the applications and learned Assistant Government
Pleaders.
3. Delay of 3617 days has occasioned in preferring First
Appeal concerned. For instance, the first captioned Civil
Application No.883 of 2021 is relatable to First Appeal directed
against common judgment and award in so far as it relates to
Land Reference Case No.1005 of 2003.
4. Raising common pleadings 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 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.
C/CA/883/2021 ORDER DATED: 22/06/2021
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.
6. As per the above discussion, the present Civil Applications
are allowed. In each case, delay of 3617 days is condoned,
however on condition that the claimants concerned 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 all the Civil Applications in above
terms.
(N.V.ANJARIA, J)
Manshi
