Lh Of Decd Patel Hiralal ... vs State Of Gujarat
2022 Latest Caselaw 1305 Guj

     C/CA/1961/2021                                 ORDER DATED: 04/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1961 of 2021

                       In F/FIRST APPEAL NO. 6289 of 2021

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                LH OF DECD PATEL HIRALAL BHAGVANDAS
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR VIRAL J DAVE(5751) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5,2
for the Respondent(s) No. 2
MS URMILA DESAI, AGP for the Respondent(s) No. 1, 2 and 4
HL PATEL ADVOCATES(2034) for the Respondent(s) No. 3
RULE SERVED for the Respondent(s) No. 4
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 04/02/2022

                                 ORAL ORDER

Draft amendment is allowed. Registry is directed to carry out draft amendment accordingly.

Heard Mr.Viral Dave, learned advocate for the applicants, Ms.Urmila Desai, learned AGP for respondent Nos.1, 2 and 4 and Mr.Maharshi Patel, learned advocate for HL Patel Advocates for respondent No.3.

This is an application under section 5 of the Limitation Act to condone the delay which has occurred in preferring an appeal to assail the impugned judgment and award of the Reference Court.

Mr.Viral Dave submits that in view of the averments made in the present application, delay may be condoned.

C/CA/1961/2021 ORDER DATED: 04/02/2022

Mr.Maharshi Patel, learned advocate for respondent No.3 has opposed this application. He submits that the applicants have not satisfactorily explained the delay and hence, delay may not be condoned.

Considering the arguments of learned advocates for the parties and considering the averments as also considering the fact that the delay is of 204 days, I am of the view that since the land of the applicants is permanently acquired for public purpose, they deserve chance for agitating the appeal for enhancement of compensation.

In view of the above, the application is allowed. The delay which has occurred in preferring the appeal to assail the impugned judgment and award of the Reference Court is hereby condoned. Rule is made absolute.

(A.G.URAIZEE, J) H.M. PATHAN