Thakor Laxmanji Havajiji Since ... vs Special Land Acquisition Officer
2021 Latest Caselaw 17264 Guj

      C/CA/2156/2019                                    ORDER DATED: 16/11/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/CIVIL APPLICATION NO. 2156 of 2019
                   In F/FIRST APPEAL NO. 17171 of 2019
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     THAKOR LAXMANJI HAVAJIJI SINCE DECEASED THROUGH HEIRS
                              Versus
               SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,2,3,4,5,6,7
MR MANRAJ BAROT AGP for the Respondent(s) No. 1,2
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 16/11/2021

                               ORAL ORDER

1. Heard Mr. A.V. Prajapati, learned advocate for the applicants and Mr. Manraj Barot, learned AGP for the respondent Nos. 1 and 2. The respondent No.3, one of the land owners has passed away.

2. This application under Section 5 of the Limitation Act is preferred for condonation of delay which has occurred in preferring first appeal to assail the impugned judgment and award of the Reference Court.

3. Mr. Prajapati, learned advocate for the applicants submit that the respondent no.3 was one of the land owners / claimants before the Reference Court. According to his submission, presence of his legal heirs is not necessary for the purpose of disposal of present application, as the applicants are remaining land owners /

C/CA/2156/2019 ORDER DATED: 16/11/2021

claimants and the appeal of the State to assail selfsame judgment and award of the Reference Court is admitted by this Court. He, therefore, urges that the delay may be condoned.

4. Mr. Manraj Barot, learned AGP submits that if this Court is inclined to condone the delay, interest for the period of delay may not be allowed to the applicants / claimants.

5. Considering the overall facts of the case and averments made in the application and the fact that the State has also assailed the selfsame award of the Reference Court, I am of the view that the delay which has occured in preferring the first appeal needs to be condoned.

6. For the foregoing reasons, present application is hereby allowed. The delay which has occurred in preferring first appeal to challenge the impugned judgment and award of the Reference Court is hereby condoned. The question/issue of awarding interest for period of delay is kept open to be agitated at the time of hearing of the appeal.

7. The application stands disposed of accordingly. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI