Raval Mohanbhai Nathabhai Since ... vs Special Land Acquisition Officer
2022 Latest Caselaw 1312 Guj

      C/CA/184/2022                                 ORDER DATED: 04/02/2022



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/CIVIL APPLICATION NO. 184 of 2022
                                 In
                   F/FIRST APPEAL NO. 2809 of 2020
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             RAVAL MOHANBHAI NATHABHAI SINCE DECD THROUGH HER HEIRS
                                            Versus
                              SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                  Date : 04/02/2022
                   ORAL ORDER

1. Rule returnable forthwith. Ms. Urmila N. Desai, learned AGP waives service of notice of rule on behalf of the respondent.

2. Heard Mr. A.V. Prajapati, learned advocate for the applicant and Ms. Urmila N. Desai, learned AGP for the respondent.

3. The present applications under Section 5 of the Limitation Act are preferred to condone the delay which has occurred in preferring First Appeal to assail the impugned judgment and award of the Reference Court.

4. Mr. Prajapati, learned advocate for the applicant submits that the delay has occurred owing to the earlier round of litigation in this Court and the Supreme Court in respect of the previous award passed by the Reference Court. He, therefore, urges that the delay may be condoned.

5. Ms. Urmila N. Desai, learend AGP for the respondent- State opposes the application and submits that the delay

C/CA/184/2022 ORDER DATED: 04/02/2022

has not satisfactorily explained and the Reference Court has awarded the compensation on the basis of the judgment of this court in respect of previous award. She, therefore, urges that the delay may not be condoned.

6. Considering the averments made in the application and fact that the Supreme Court has enhanced the compensation in respect of the earlier award of the Reference Court, the delay is condoned. The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J)

Manoj