Lh Of Decd Bhavanbhai Lavabhai ... vs Special Land Acquisition Officer
2023 Latest Caselaw 5520 Guj

                                                                                   NEUTRAL CITATION




     C/CA/716/2023                                ORDER DATED: 01/08/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 716 of 2023

                     In F/FIRST APPEAL NO. 27344 of 2021

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              LH OF DECD BHAVANBHAI LAVABHAI BHAYANI
                               Versus
                  SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8
MR TEJAS P SATTA(3149) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8
 for the Respondent(s) No. 2
MR KURVEN DESAI, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                              Date : 01/08/2023

                                ORAL ORDER

1. By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay of 457 days caused in filing the captioned First Appeal against the Judgment dated 29.09.2018 and Decree dated 12.10.2018 passed in the Land Acquisition Reference (LAR) Case No.71/2017 in group LAR No.39/2017 to 82/2017 (main LAR No.39/2017) by the learned Principal Senior Civil Judge, Jasdan, Rajkot.

2. Heard learned advocate Mr.Tejas P. Satta

NEUTRAL CITATION

C/CA/716/2023 ORDER DATED: 01/08/2023

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for the applicant and learned Assistant Government Pleader Mr.Kurven Desai for the respondent No.1.

3. Rule, returnable forthwith. Learned Assistant Government Pleader Mr.Kurven Desai waives service of notice of rule for the respondent No.1.

4. Learned advocate Mr.Tejas Satta submitted that the claimant would waive the interest for the period of delay caused in filing this Appeal on the amount if any enhanced.

5. Having regard to the submissions advanced by the learned advocates for the respective parties and more particularly considering the averments made in the memorandum of application, the Court is of the view that the delay caused in filing the First Appeal has been sufficiently explained.

6. In view of the submission made by learned advocate Mr.Tejas Satta for the applicant to the effect that the claimant would waive the interest for the period of delay caused in

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C/CA/716/2023 ORDER DATED: 01/08/2023

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filing the appeal, the Court is of the view that the delay caused in filing the First Appeal deserves to be condoned.

7. The application, therefore, succeeds and is, accordingly, allowed on condition that the applicant shall waive the claim of interest for the period of delay caused in preferring the First Appeal on enhanced amount of award if any. The delay caused in filing the First Appeal is hereby condoned. Rule is made absolute accordingly with no order as to costs.

(BHARGAV D. KARIA, J) URIL RANA