State Of Gujarat vs Sureshbhai Bablabhai Gamit
2022 Latest Caselaw 6432 Guj

     C/CA/508/2022                            ORDER DATED: 19/07/2022



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CIVIL APPLICATION NO.      508 of 2022

                 In F/FIRST APPEAL NO. 265 of 2022
                                With
                   F/FIRST APPEAL NO. 265 of 2022
                                With
                R/CIVIL APPLICATION NO. 510 of 2022
                                With
                   F/FIRST APPEAL NO. 261 of 2022
                                With
                R/CIVIL APPLICATION NO. 511 of 2022
                                With
                   F/FIRST APPEAL NO. 269 of 2022
                                With
                R/CIVIL APPLICATION NO. 512 of 2022
                                With
                   F/FIRST APPEAL NO. 274 of 2022
                                With
                R/CIVIL APPLICATION NO. 513 of 2022
                                With
                   F/FIRST APPEAL NO. 276 of 2022
                                With
                R/CIVIL APPLICATION NO. 514 of 2022
                                With
                   F/FIRST APPEAL NO. 278 of 2022
                                With
                R/CIVIL APPLICATION NO. 515 of 2022
                                With
                   F/FIRST APPEAL NO. 281 of 2022
                                With
                R/CIVIL APPLICATION NO. 516 of 2022
                                With
                   F/FIRST APPEAL NO. 285 of 2022
                                With
                R/CIVIL APPLICATION NO. 517 of 2022
                                With
                   F/FIRST APPEAL NO. 291 of 2022


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                          STATE OF GUJARAT
                               Versus
                     SURESHBHAI BABLABHAI GAMIT
==========================================================
Appearance:
MS ASMITA PATEL, AGP for the Applicant(s) No. 1,2,3
VIDIT S SHARMA(7365) for the Respondent(s) No. 1
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        C/CA/508/2022                                    ORDER DATED: 19/07/2022




     CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                              Date : 19/07/2022

                                   ORAL ORDER

1. The present applications are preferred for condonation of delay of 1035 days occurred in filing the respective First Appeals.

2. The First Appeals are filed against the judgment and award dated 03.05.2017 passed by the Principal Senior Civil Judge, Vyara, District Tapi in Land Reference Case Nos. 20 to 28 of 2015.

3. It is submitted by Mr. Nikunt Raval, learned advocate appearing for the claimants-respondents herein that in respect of similarly situated claimants who had filed LAR Nos. 13 of 2015 to 19 of 2015, the learned Trial Court had granted additional compensation at the rate of Rs.280/- per square metre. Against the said judgment and award, the State Government had preferred F/First Appeal No. 166 of 2022 and other connected matters, wherein Civil Application for condonation of delay was preferred, which came to be dismissed by this Court. He further submits that the dismissal of the appeals has been accepted by the State Government and the compensation has also been disbursed in those particular land reference cases. He submitted that the appellants in the present cases are similarly situated whose lands

C/CA/508/2022 ORDER DATED: 19/07/2022

have also been acquired for the same purpose and are also from the same village. He submits that in the present case also, the same amount of additional compensation has been awarded at Rs. 280/- per square metre. He submits that in view of the fact that the State Government has accepted the rate of additional compensation in the earlier cases, the present appeals are also required to be dismissed.

4. Heard learned advocate for the respective parties.

5. The learned AGP submits that the delay ought to be condoned as it has been sufficiently explained and the matter be heard on merits. However, the learned AGP could not dispute the fact that the LAR Cases relied upon by learned Advocate Mr. Nikunt Raval are also from the same village, similarly situated claimants and their lands are also acquired for the same purpose.

6. In view of the above observations, this Court is of the opinion that no purpose would be served by condoning the delay when this Court has already dismissed the F/First Appeals while disposing the Civil Application Nos. 478 of 2022 and other connected matters vide order dated 27.04.2022 on the ground of delay. Accordingly, the present Civil Applications are dismissed.

7. Since the present Civil Applications are

C/CA/508/2022 ORDER DATED: 19/07/2022

dismissed, therefore, the First Appeals are also disposed of accordingly.

(ANIRUDDHA P. MAYEE, J.) BIJOY B. PILLAI