Brahman Chimanlal Punjiram Since ... vs Special Land Acquisition Officer
2021 Latest Caselaw 4675 Guj

             C/CA/720/2021                        ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/CIVIL APPLICATION NO. 720 of 2021

                 In F/FIRST APPEAL NO. 4045 of 2021
                                With
                R/CIVIL APPLICATION NO. 721 of 2021
                                With
                R/CIVIL APPLICATION NO. 722 of 2021
                                With
                R/CIVIL APPLICATION NO. 723 of 2021
                                With
                R/CIVIL APPLICATION NO. 724 of 2021
                                With
                R/CIVIL APPLICATION NO. 725 of 2021
                                With
                R/CIVIL APPLICATION NO. 726 of 2021
                                With
                R/CIVIL APPLICATION NO. 728 of 2021
                                With
                R/CIVIL APPLICATION NO. 729 of 2021
                                With
                R/CIVIL APPLICATION NO. 730 of 2021
=============================================
BRAHMAN CHIMANLAL PUNJIRAM SINCE DECD THROU HEIRS PANCHOLY
                 DASHRATHLAL CHIMANLAL
                           Versus
             SPECIAL LAND ACQUISITION OFFICER
=============================================
Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. ASMITA PATEL, AGP on ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP(99) for the Respondent(s) No. 1
=============================================
 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                             Date : 24/03/2021

                               ORAL ORDER

Heard Mr. A.V.Prajapati, learned advocate for the applicants. He has submitted that arising from the very common impugned judgment and award, there are other appeals already admitted in the year 2012 being First Appeal Nos.654 to 662 of 2012. He has further submitted that the applicants are ready and willing to forgo interest over the

C/CA/720/2021 ORDER

enhanced amount which might be determined as enhanced compensation in the present appeals for the delayed period and they are ready to file undertaking to that effect, if delay of 3375 days is condoned.

As such, this much long delay should not be condoned. However, when the applicants are ready and willing to file an undertaking to the effect that they will not claim any interest for the delayed period on the enhanced amount of compensation, if at all, appeals are allowed, the request for condonation of delay can be suitably considered, more particularly, when very impugned common judgment and award is open for consideration before this Court by way of First Appeal Nos.654 to 662 of 2012.

Hence, delay of 3375 days caused in preferring the aforesaid First Appeals is hereby condoned on a condition that the applicants shall file an undertaking before this Court within a period of two weeks from today to the effect that they shall not claim any interest over the enhanced compensation for the delayed period in the present case.

Copy of this order be also placed in main First Appeals. The applicants as also their advocate are hereby directed to bring it to the notice of the Court as and when the appeals are finally heard.

Subject to aforesaid order, delay is condoned. Rule made absolute to the above extent.

To be heard along with First Appeal Nos.654 to 662 of 2012.

(UMESH A. TRIVEDI, J.) Lalji Desai