Gujarat High Court
Chaturben Babulal vs Und Irrigation Scheme on 22 June, 2021
Bench: N.V.Anjaria
C/CA/917/2021 ORDER DATED: 22/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 917 of 2021
In F/FIRST APPEAL NO. 10025 of 2021
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CHATURBEN BABULAL
Versus
UND IRRIGATION SCHEME
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Appearance:
MR GM AMIN(124) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS NIDHI VYAS, AGP (99) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 22/06/2021
ORAL ORDER
Having regard to the facts and circumstances
of the case and in view of request and consent of
learned advocates appearing for the respective
parties, this application was taken up for final
disposal.
1.1 Rule, returnable forthwith. Learned
Assistant Government Pleader Ms.Nidhi Vyas waives
service of notice of Rule on behalf of the respondent
No.2.
1.2 Heard learned advocate Mr.G.M. Amin for the
applicant and learned Assistant Government Pleader
for the respondent.
2. The applicant-original claimant seeks
condonation of delay of 514 days which has taken
place in preferring First Appeal against judgment and
award dated 10th August, 2018 delivered by learned 3rd
C/CA/917/2021 ORDER DATED: 22/06/2021
Additional Senior Civil Judge, Jamnagar in L.A.R.
Case No.79 of 2007.
3. Explaining the delay that has occasioned, it
is stated in the application that large area of land
at Village Pasaya/Nani Matli was acquired, in respect
of which number of Reference Cases were filed. They
all were pending before the Court of learned 7 th
Additional Senior Civil Judge, Jamnagar. Out of those
cases, some were transferred to the Court of learned
3rd Additional Senior Civil Judge, Jamnagar. The
Reference Cases before learned 7th Additional Senior
Civil Judge, Jamnagar came to be allowed and
compensation at the rate of Rs.40/- per sq. mtr. for
Jirayat land and Rs.45/- per sq. mtr. for Bagayat
land came to be awarded.
3.1 It is the case of the claimant that all the
claimants including the applicant were under
impression that all the cases could be disposed of in
the same manner. However, Reference Cases before
learned 3rd Addition Senior Civil Judge, Jamnagar came
to be dismissed for want of prosecution. This
compelled the claimant to file the present appeal.
4. It was submitted that from the month of
March, 2020 the affairs of life had slowed down due
to COVID-19 pandemic situation and the lockdown in
the State of Gujarat. The applicant has referred to
the order of the Apex Court in Suo Motu Writ Petition
(C) No.3 of 2020 wherein order was passed for
excluding the period from 15th March, 2020 to 14th
C/CA/917/2021 ORDER DATED: 22/06/2021
March, 2021 while counting the limitation. It was
stated that the claimants were not having the funds
to engage the advocate.
4.1 While urging for condonation of delay,
learned advocate for the applicant fairly invited
attention of the Court to the averments made by the
applicant that if the delay is to be condoned, on the
ground of equity, interest for the period of delay
may not be awarded.
5. The grounds stated above could be said to be
bona fide and they make out a good cause constituting
sufficient cause.
5.1 In view view and considering the length of
delay, the imposition of condition of forgoing the
interest would be just and proper. Therefore, while
condoning delay, condition is required to be imposed
that claimant will forgo the interest for the delayed
period, in the event the claimant succeeds in this
appeal.
6. The present application deserves to be
allowed. Delay of 514 days is condoned on condition
however that the applicant-claimant shall not be
entitled to the interest for the delayed period.
7. The application is allowed in the aforesaid
terms. Rule is made absolute accordingly.
(N.V.ANJARIA, J)
ANUP
