Kalaji Matuji Thakor Since Expired ... vs Special Land Acquisition Officer
2023 Latest Caselaw 8758 Guj

Gujarat High Court

Kalaji Matuji Thakor Since Expired ... vs Special Land Acquisition Officer on 18 December, 2023

Author: Ashutosh Shastri

Bench: Ashutosh Shastri

                                                                            NEUTRAL CITATION




     C/CA/2127/2023                          ORDER DATED: 18/12/2023

                                                                             undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2127 of 2023
                               In
                 F/FIRST APPEAL NO. 27087 of 2023

==================================================
           KALAJI MATUJI THAKOR SINCE EXPIRED THROUGH LHS
                                  Versus
                   SPECIAL LAND ACQUISITION OFFICER
==================================================
Appearance:
MR YATIN SONI(868) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5,2
for the Respondent(s) No. 2
MS POOJA ASHAR ASSISTANT GOVERNMENT PLEADER for the Respondent(s)
No. 1
==================================================

 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
                      and
       HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 18/12/2023

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

1. RULE. Learned AGP waives service of notice of rule on

behalf of respondent-State.

2. Present Civil Application is filed for the purpose of seeking

condonation of delay of 2802 days which has occurred in filing

First Appeal.

3. Heard Mr. Yatin Soni, learned advocate appearing for the

applicants. Learned advocate Mr. Soni has submitted that

considering the explanation which has been put-forth in

NEUTRAL CITATION

C/CA/2127/2023 ORDER DATED: 18/12/2023

undefined

paragraph nos. 2 to 7 of the present application, the relief as

prayed for may be granted as there is no mala fide intent on the

part of the applicants in delaying the proceedings. Learned

advocate Mr. Soni has further submitted that against the very

same judgment and award, several First Appeals are already

admitted and as such, the present appeal may also be heard

along with the pending group of First Appeals having the very

same controversy.

4. To this submission, learned Assistant Government Pleader

appearing for the respondent - State has no objection more

particularly, in view of the fact that the applicants have filed a

specific undertaking which has been affirmed on 06.12.2023 to

the effect that applicants will not claim any interest on the

enhanced amount of compensation for the delayed period. The

said undertaking of each of the applicants are placed on record

and as such, in view of this specific undertaking having been

filed, learned Assistant Government Pleader has no objection if

relief as prayed for is granted.

4.1. At this stage, learned advocate appearing for the

NEUTRAL CITATION

C/CA/2127/2023 ORDER DATED: 18/12/2023

undefined

applicants has also made a reference to one of the decision

delivered by Hon'ble Apex Court in the case of K.

Subbarayudu & Ors., v. Special Deputy Collector (Land

Acquisition) reported in (2017) 12 SCC 840 and while

drawing attention to the relevant observations made in

paragraphs 11, 12 and 13, a request is made to condone the

delay.

4. Considering the aforesaid circumstances which are

pointed out to us and in view of the fact that other group of First

Appeal Nos. 259 of 2015 to 264 of 2015 arising out of the very

same judgment are already admitted, and keeping in view the

salutary principle laid down by the Hon'ble Apex Court in the

case of Collector Land Acquisition. v. Mst. Katiji & Ors.,

reported in 1987 AIR 1353 and the observations contained

therein, and when explanation is found to be sufficient enough,

we are of the opinion that sufficient cause is made out to

condone the delay, more particularly, when the Hon'ble Apex

Court in the aforesaid decision has propounded that in case of

condonation of delay in respect of land acquisition matters,

NEUTRAL CITATION

C/CA/2127/2023 ORDER DATED: 18/12/2023

undefined

pragmatic view be taken. Hence, considering the relevant

observations as indicated above, we are of the opinion that a

case is made out by the applicants to condone the delay. Hence,

we allow this appeal by condoning delay of 2802 days.

5. The present application stands allowed. Rule is made

absolute to the aforesaid extent.

(ASHUTOSH SHASTRI, J)

(HEMANT M. PRACHCHHAK,J) phalguni