Gujarat High Court
Bijalbhai Virambhai vs State Of Gujarat on 9 February, 2023
Bench: Nikhil S. Kariel
C/CA/158/2023 ORDER DATED: 09/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 158 of 2023
In F/FIRST APPEAL NO. 22230 of 2021
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BIJALBHAI VIRAMBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1
MS KIRAN UDASI for MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV DHAGAT, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/02/2023
ORAL ORDER
1. Heard learned Advocate Ms. Kiran Udasi for learned Advocate Mr.
Tejas P. Satta on behalf of the applicant and learned Advocate Mr. Pranav
Dhagat on behalf of the respondent-State.
2. Issue Rule returnable forthwith. Learned Advocate Mr. Dhagat
waives service of rule on behalf of the respondent-State.
3. By way of this application, the applicant prays for condoning delay
of 654 days which has accrued in preferring appeal against the judgment
and order dated 01.03.2018 passed by the learned 3 rd Additional Senior
C/CA/158/2023 ORDER DATED: 09/02/2023
Civil Judge, Jamnagar in the Land Acquisition Reference Case No. 344
of 1996.
4. Learned Advocate Ms. Udasi on behalf of the applicant has relied
upon a decision of this Court dated 03.01.2023 in Civil Application (For
Condonation of Delay) No. 3437 of 2022 in F/First Appeal No. 13238 of
2022 and allied matters whereby this Court relying upon decisions of the
Hon'ble Supreme Court had condoned the delay of 496 days which had
occurred in preferring First Appeals. Learned Advocate would further
submit that the applicant could prefer the appeal after making
arrangement for the payment of necessary Court fees for preferring the
appeal.
5. Learned Advocate Ms. Udasi would submit that the present
applicant also waives his right to receive any interest on any enhanced
amount. Having regard to such submissions, learned Advocate Ms. Udasi
would request this Court to condone the delay of 654 days in preferring
the appeal. Learned Advocate Ms. Udasi, in support of her submissions,
would emphasize on the decision of the Hon'ble Supreme Court in case
of K. Subbarayadu & Ors vs. The Special Deputy Collector, (Land
Acquisition) reported in 2017 (12) SCC 840, wherein the Hon'ble
C/CA/158/2023 ORDER DATED: 09/02/2023
Supreme Court had condoned substantial delay more particularly while
observing that the appellant would not be entitled to claim interest over
enhanced amount if any, for the delayed period and whereas, learned
Advocate would submit that the applicant-appellant would also waive his
right to claim for any interest upon enhanced compensation, if any,
during the period of delay and whereas learned Advocate would submit
that even on such consideration this Court may condone the delay.
6. Having regard to the law laid down by the Hon'ble Supreme Court,
more particularly, whereby an application for condonation of delay is
required to be considered liberally and further having regard to the
statement made by learned Advocate Ms. Udasi as per the decision of the
Hon'ble Supreme Court in case of K. Subbaryadu & Ors (supra) in the
considered opinion of this Court the applications deserve consideration.
7. Delay of 654 days which has occurred in preferring First Appeal
challenging judgment and order dated dated 01.03.2018 passed by the
learned 3rd Additional Senior Civil Judge, Jamnagar in the Land
Acquisition Reference Case No. 344 of 1996 is condoned subject to the
condition that the claimant shall not claim interest upon enhanced
compensation, if any, for the period of delay.
C/CA/158/2023 ORDER DATED: 09/02/2023
8. With these observations and directions, the present Civil
Application stands allowed. Rule is made absolute to the aforesaid extent.
(NIKHIL S. KARIEL,J)
Mrs. J. J. Kedia
