Babubhai Hirabhai vs Deputy Collector
2023 Latest Caselaw 5533 Guj

                                                                                     NEUTRAL CITATION




      C/CA/704/2023                                 ORDER DATED: 01/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 704 of 2023

                      In F/FIRST APPEAL NO. 24288 of 2021

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                             BABUBHAI HIRABHAI
                                  Versus
                             DEPUTY COLLECTOR
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS TANUSHREE SHRIMAL, 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 442 days caused in filing the captioned First Appeal against the Judgment and Decree dated 06.10.2018 passed in the Land Acquisition Reference (LAR) Case No.204/2009 in group LAR No.198/2009 to 210/2009 (main LAR No.198/2009) by the learned Additional Senior Civil Judge, Dhoraji.

2. Heard learned advocate Mr.Tejas P. Satta for the applicant and learned Assistant Government Pleader Ms.Tanushree Shrimal for

NEUTRAL CITATION

C/CA/704/2023 ORDER DATED: 01/08/2023

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the respondent No.1.

3. Rule, returnable forthwith. Learned Assistant Government Pleader Ms.Tanushree Shrimal 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 filing the appeal, the Court is of the view that the delay caused in filing the First

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C/CA/704/2023 ORDER DATED: 01/08/2023

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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