Bharatbhai Bijalbhai Makawana vs Special Land Acquisition Officer
2021 Latest Caselaw 17267 Guj

     C/CA/4703/2019                                   ORDER DATED: 16/11/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 4703 of 2019

                      In F/FIRST APPEAL NO. 42263 of 2019

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                       BHARATBHAI BIJALBHAI MAKAWANA
                                   Versus
                      SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR MAHESH BHAVSAR(1781) for the Applicant(s) No. 1
SONAL J BHAVSAR(7399) for the Applicant(s) No. 1
MR MANRAJ BAROT, AGP (1) for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 16/11/2021
                                 ORAL ORDER

1. Heard Mr.Mahesh Bhavsar, learned advocate for the applicant and Mr.Manraj Barot, learned AGP for the respondent-State.

2. The present application under Section 5 of the Limitation Act is preferred to condone the delay which is occurred in preferring First Appeal to assail the impugned judgment and award.

3. Mr.Bhavsar, learned advocate for the applicant submits that the Land Acquisition Officer has also challenged impugned judgment and award of the Reference Court for reduction of the compensation and the appeals are admitted by the Division Bench of this Court. He further submits that some of the land owners have preferred the appeals for enhancement of the compensation and the same are pending at the admission

C/CA/4703/2019 ORDER DATED: 16/11/2021

stage before the Division Bench. He urges that delay which is occurred in preferring the appeal to assail the impugned award may be condoned.

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

5. Considering the averments made in this application and considering the fact that the appeals preferred by the Land Acquisition Officer to challenge the selfsame award of the reference Court is admitted by this Court, the delay is 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. The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) ALI