Mohanbhai Ramjibhai vs The Deputy Collector
2022 Latest Caselaw 9749 Guj

     C/CA/2830/2022                                 ORDER DATED: 01/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 2830 of 2022

                      In F/FIRST APPEAL NO. 26873 of 2022

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                             MOHANBHAI RAMJIBHAI
                                    Versus
                            THE DEPUTY COLLECTOR
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Appearance:
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
AKASH CHHAYA, AGP for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                                Date : 01/12/2022

                                 ORAL ORDER

1. Ms. Kiran Udasi, learned Advocate for Mr. Tejas Satta, learned Advocate appearing for the applicant submitted that the present civil application has been filed seeking condonation of delay of 855 days occurred in preferring the captioned first appeal wherein the applicant-claimant, has sought to challenge the judgment dated 04.01.2018 passed by the Additional Senior Civil Judge, Rajkot.

2. It is submitted that in identical matter arising out of the very same reference, this Court has condoned the delay and not only the delay has been condoned, the first appeal has been allowed on the basis of the judgment and order dated 29.06.2022 rendered by the co-ordinate bench in First Appeal No. 862 of 2022 and allied matters. It is therefore urged that the delay be condoned. Ms. Udasi, learned Advocate has made a statement that if the delay is condoned, the applicant-claimant shall not claim interest in respect of the enhanced compensation, for the delayed period and

C/CA/2830/2022 ORDER DATED: 01/12/2022

conditions may be imposed similar to the conditions imposed by the Apex Court in the case of K. Subbarayudu and Others vs. The Special Deputy Collector (Land Acquisition) reported in (2017) 12 SCC 840.

3. Issue Rule returnable forthwith. Mr. Akash Chhaya, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent-State.

4. Having regard to the averments made in the application so also the submissions made by the learned advocates for the respective parties, this Court is of the opinion that the present Civil application deserves to be allowed.

5. Accordingly, civil application stands allowed in terms of paragraph 10B. The delay of 855 days occurred in filing the captioned first appeal is hereby condoned with a rider that the statement made on behalf of the applicant that they shall not claim interest for the delayed period with respect to the enhanced compensation shall be adhered to if the appeal which, has been filed, that may be allowed.

6. Rule is made absolute to the aforesaid extent. No order as to costs.

(SANGEETA K. VISHEN,J) SINDHU NAIR