Nanjibhai Pragjibhai vs Special Land Acquisition Officer
2023 Latest Caselaw 5521 Guj

                                                                                         NEUTRAL CITATION




     C/CA/693/2023                                      ORDER DATED: 01/08/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 693 of 2023

                     In F/FIRST APPEAL NO. 25087 of 2021

                                    With
                     R/CIVIL APPLICATION NO. 694 of 2023
                                    With
                     R/CIVIL APPLICATION NO. 695 of 2023
                                    With
                     R/CIVIL APPLICATION NO. 698 of 2023
                                    With
                     R/CIVIL APPLICATION NO. 711 of 2023
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                           NANJIBHAI PRAGJIBHAI
                                   Versus
                     SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
CA 693, 694, 695 OF 2023, MR KURVEN DESAI, AGP
CA 695 OF 2023, MS HETAL PATEL, AGP
CA 711 OF 2023, MS DHWANI TRIPATHI, 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 these applications under section 5 of the Limitation Act, 1963, the applicant seek condonation of delay of 641 days in filing captioned First Appeals against the impugned Judgment and Decree dated 28.03.2018 passed in L.A.R. Nos.188/2011, 173/2011, 171/2011, 186/2011 and 175/2011 in group LAR

NEUTRAL CITATION

C/CA/693/2023 ORDER DATED: 01/08/2023

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Nos.171/2011 to 198/2011 passed by the learned 2nd Additional Senior Civil Judge, Jamnagar.

2.Heard learned advocate Mr. Tejas Satta for the applicants and learned Assistant Government Pleader for the respondent-State.

3.Rule, returnable forthwith. Learned Assistant Government Pleader waives service of notice of rule for the respondent-State.

4.Learned advocate Mr. Tajas Satta submitted that the claimants would waive the interest for the period of delay caused in filing the Appeals 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 applications, the Court is of the view that the delay caused in filing the First Appeals has been sufficiently explained.

6.In view of the submission made by learned advocate Mr. Tejas Satta for the applicants to the effect that the claimants would waive

NEUTRAL CITATION

C/CA/693/2023 ORDER DATED: 01/08/2023

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the interest for the period of delay caused in filing the appeals, the Court is of the view that the delay caused in filing the First Appeals deserve to be condoned.

7.The applications, therefore, succeeds and are, accordingly, allowed on condition that the applicants shall waive the claim of interest for the period of delay in preferring the First Appeals. The delay caused in filing the First Appeals are hereby condoned. Rule is made absolute accordingly with no order as to costs. A copy of this order be placed in each matter.

(BHARGAV D. KARIA, J) URIL RANA