Chamar Gandabhai Madhabhai vs Special Land Acquisition Officer
2021 Latest Caselaw 4692 Guj

               C/CA/716/2021                               ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 716 of 2021

                    In F/FIRST APPEAL NO. 4107 of 2021

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                    CHAMAR GANDABHAI MADHABHAI
                                 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. ASMITA PATEL, AGP on ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP(99) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                               Date : 24/03/2021

                                  ORAL ORDER

Heard Mr. A.V.Prajapati, learned advocate for the applicant. 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.772 to 783 of 2012. He has further submitted that the applicant is ready and willing to forgo interest over the enhanced amount which might be determined as enhanced compensation in the present appeal for the delayed period and he is ready to file undertaking to that effect, if delay of 3366 days is condoned.

As such, this much long delay should not be condoned. However, when the applicant is ready and willing to file an undertaking to the effect that he will not claim any interest for the delayed period on the enhanced amount of compensation, if at all, appeal is allowed, the request for condonation of delay can be suitably considered, more

C/CA/716/2021 ORDER

particularly, when very impugned common judgment and award is open for consideration before this Court by way of First Appeal Nos.772 to 783 of 2012.

Hence, delay of 3366 days caused in preferring the aforesaid First Appeal is hereby condoned on a condition that the applicant shall file an undertaking before this Court within a period of two weeks from today to the effect that he shall not claim interest over the enhanced compensation for the delayed period in the present case.

Copy of this order be also placed in main First Appeal. The applicant as also his advocate are hereby directed to bring it to the notice of the Court as and when the appeal is finally heard.

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

To be heard along with First Appeal Nos.772 to 783 of 2012.

(UMESH A. TRIVEDI, J.) Lalji Desai