Patel Ishwarbhai Madhabhai ... vs Special Land Acquisition Officer
2021 Latest Caselaw 17683 Guj

     C/CA/925/2021                                ORDER DATED: 24/11/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 925 of 2021

                     In F/FIRST APPEAL NO. 10211 of 2021

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 PATEL ISHWARBHAI MADHABHAI PITAMBERBHAI SINCE DECD. THRO
                           HEIRS
                          Versus
             SPECIAL LAND ACQUISITION OFFICER
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Appearance:
HIMANSHUKUMAR B PATEL(8327) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4
for the Respondent(s) No. 2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
MR MANRAJ BAROT, AGP for the respondent-State
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 24/11/2021
                               ORAL ORDER

Heard Mr.AV Prajapati, learned advocate for the applicant and Mr.Manraj Barot, learned AGP for the Respondents-State.

The present application under Section 5 of the Limitation Act is preferred to condone the delay of more than 3000 days, which has occurred in preferring First Appeal to assail the impugned judgment and award of the Reference Court.

Mr.Prajapati, learned advocate for the applicant submits that the Coordinate Bench of this Court has condoned such huge delay in respect of other group of matters. He further submits that the applicant is ready

C/CA/925/2021 ORDER DATED: 24/11/2021

and willing to file an undertaking on oath in this Court to indicate the willingness to forgo the interest for a period of delay.

Mr.Barot, learned AGP has vehemently opposed the application and submits that the delay of more than 3000 days is not sufficiently explained. He further submits that as per the settled provisions of law each day of delay is required to be explained satisfactorily. He, therefore, urges the delay may not be condoned.

Considering the averments made in this application and considering the fact that the applicant is ready to file an undertaking of his willingness to forgo the interest for a period of delay on the enhanced amount of compensation on oath before this Court, if appeal is admitted and allow, the delay is condoned. The application stands disposed of. Rule is made absolute.

The applicant shall file an undertaking on oath before this Court within two weeks from today to the effect that he shall not be claimed any interest on the enhanced compensation for a period of delay, if the appeal is allowed.

(A.G.URAIZEE, J) ALI