State Of Gujarat vs L H Of Maniyabhai Jamasibhai ...
2022 Latest Caselaw 6433 Guj

C/CA/495/2022                            ORDER DATED: 19/07/2022



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CIVIL APPLICATION NO.      495 of 2022

            In F/FIRST APPEAL NO. 199 of 2022
                           With
              F/FIRST APPEAL NO. 199 of 2022
                           With
           R/CIVIL APPLICATION NO. 496 of 2022
                           With
              F/FIRST APPEAL NO. 200 of 2022
                           With
           R/CIVIL APPLICATION NO. 497 of 2022
                           With
              F/FIRST APPEAL NO. 201 of 2022
                           With
           R/CIVIL APPLICATION NO. 498 of 2022
                           With
              F/FIRST APPEAL NO. 202 of 2022
                           With
           R/CIVIL APPLICATION NO. 499 of 2022
                           With
              F/FIRST APPEAL NO. 203 of 2022
                           With
           R/CIVIL APPLICATION NO. 501 of 2022
                           With
              F/FIRST APPEAL NO. 204 of 2022
                           With
           R/CIVIL APPLICATION NO. 502 of 2022
                           With
              F/FIRST APPEAL NO. 205 of 2022
                           With
           R/CIVIL APPLICATION NO. 518 of 2022
                           With
              F/FIRST APPEAL NO. 248 of 2022
                           With
           R/CIVIL APPLICATION NO. 519 of 2022
                           With
              F/FIRST APPEAL NO. 249 of 2022
                           With
           R/CIVIL APPLICATION NO. 520 of 2022
                           With
              F/FIRST APPEAL NO. 250 of 2022
                           With
           R/CIVIL APPLICATION NO. 521 of 2022
                           With
              F/FIRST APPEAL NO. 251 of 2022
                           With
           R/CIVIL APPLICATION NO. 522 of 2022
                           With


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        C/CA/495/2022                                    ORDER DATED: 19/07/2022



                     F/FIRST APPEAL NO. 252 of 2022
                                  With
                  R/CIVIL APPLICATION NO. 523 of 2022
                                  With
                     F/FIRST APPEAL NO. 253 of 2022
==========================================================
                          STATE OF GUJARAT
                               Versus
               L H OF MANIYABHAI JAMASIBHAI CHAUDHARY
==========================================================
Appearance:
MR MANRAJ BAROT, AGP for the Applicant(s) No. 1,2,3
 for the Respondent(s) No. 1
UNSERVED EXPIRED (R) for the Respondent(s) No. 1.1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                             Date : 19/07/2022

                                   ORAL ORDER

1. The present applications are preferred for condonation of delay of 1154 days occurred in filing the respective First Appeals.

2. The First Appeals are filed against the judgment and award dated 04.01.2017 passed by the Principal Senior Civil Judge, Vyara, District Tapi in Land Reference Case Nos. 41 to 53 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. 35 of 2015 to 40 of 2015, the learned Trial Court had granted additional compensation at the rate of Rs.284/- per square metre. Against the said judgment and award, the State Government had preferred F/First Appeal No. 188 of 2022 and other connected matters, wherein Civil

C/CA/495/2022 ORDER DATED: 19/07/2022

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 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. 284/- 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

C/CA/495/2022 ORDER DATED: 19/07/2022

Civil Application Nos. 486 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 dismissed, therefore, the First Appeals are also disposed of accordingly.

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