Thobhanbhai Harjibhai Patel ... vs Special Land Acquisition Officer
2023 Latest Caselaw 5783 Guj

                                                                                   NEUTRAL CITATION




      C/CA/667/2023                                ORDER DATED: 08/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 667 of 2023
                                      In
                        F/FIRST APPEAL NO. 3634 of 2022
                                     With
                      R/CIVIL APPLICATION NO. 668 of 2023
                                      In
                        F/FIRST APPEAL NO. 3629 of 2022
                                     With
                      R/CIVIL APPLICATION NO. 670 of 2023
                                      In
                        F/FIRST APPEAL NO. 3636 of 2022
                                     With
                      R/CIVIL APPLICATION NO. 671 of 2023
                                      In
                        F/FIRST APPEAL NO. 3641 of 2022
                                     With
                      R/CIVIL APPLICATION NO. 688 of 2023
                                      In
                        F/FIRST APPEAL NO. 3630 of 2022
                                     With
                      R/CIVIL APPLICATION NO. 730 of 2023
                                      In
                        F/FIRST APPEAL NO. 3648 of 2022
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     THOBHANBHAI HARJIBHAI PATEL EXPIRED (THROGH HIS LEGAL
                            HEIRS)
                             Versus
              SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
DECEASED LITIGANT for the Applicant(s) No. 1
MR.PINANK J RAIYANI(10166) for the Applicant(s) No. 1.1,1.2,1.3,1.4
for the Respondent(s) No. 2
MS DHWANI TRIPATHI, AGP , MS.TANUSHREE SHRIMAL, AGP AND
MS.HETAL PATEL, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                               Date : 08/08/2023

                            COMMON ORAL ORDER

1. By this application under section 5 of the

NEUTRAL CITATION

C/CA/667/2023 ORDER DATED: 08/08/2023

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Limitation Act, 1963, the applicants seek

condonation of delay of 937 days caused in

filing the captioned First Appeals against the

judgment dated 22.05.2017 passed in the Land

Acquisition Reference (LAR) Case Nos.118/2002,

109/2002, 129/2002, 128/2002, 107/2002 and

130/2002 by the learned 2nd Additional Senior

Civil Judge, Dhrangadhra,

District:Surendranagar.

2. Heard learned advocate Mr.Pinakin J.

Raiyani for the applicants, learned Assistant

Government Pleader Ms.Dhwani Tripathi

(CA/667/2023), learned Assistant Government

Pleader Ms.Tanushree Shrimal (CA/668/2023 and

CA/670/2023) and learned Assistant Government

Pleader Ms.Hetal Patel (CA/671/2023,

CA/688/2023 and CA/730/2023) for the

respondent No.1.

NEUTRAL CITATION

C/CA/667/2023 ORDER DATED: 08/08/2023

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3. Rule, returnable forthwith. Learned

Assistant Government Pleader Ms.Dhwani

Tripathi, learned Assistant Government Pleader

Ms.Tanushree Shrimal and learned Assistant

Government Pleader Ms.Hetal Patel waive

service of notice of rule for the respondent

No.1.

4. Learned advocate Mr.Pinakin Raiyani

submitted that the claimants would waive the

interest for the period of delay caused in

filing these 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 these First Appeals

has been sufficiently explained.

NEUTRAL CITATION

C/CA/667/2023 ORDER DATED: 08/08/2023

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6. In view of the submission made by learned

advocate Mr.Pinakin Raiyani for the applicants

to the effect that the claimants would waive

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 deserves to be condoned.

7. The applications, therefore, succeed 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 is hereby condoned. Rule is

made absolute accordingly with no order as to

costs.

(BHARGAV D. KARIA, J)

PALAK