Natvarbhai Chaturbhai Patel vs Special Land Acquisition Officer
2023 Latest Caselaw 1953 Guj

     C/CA/3085/2022                                  ORDER DATED: 28/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/CIVIL APPLICATION NO. 3085 of 2022
                                  In
                    F/FIRST APPEAL NO. 3650 of 2022
                                With
                 R/CIVIL APPLICATION NO. 3086 of 2022
                                With
                 R/CIVIL APPLICATION NO. 3087 of 2022
                                   In
                     FIRST APPEAL NO. 4834 of 2022
                                With
                 R/CIVIL APPLICATION NO. 3088 of 2022
                                With
                 R/CIVIL APPLICATION NO. 3089 of 2022
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                            NATVARBHAI CHATURBHAI PATEL
                                            Versus
                          SPECIAL LAND ACQUISITION OFFICER
==============================================================================
Appearance:
MR.PINANK J RAIYANI(10166) for the Applicant(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
MS KRUSHITA DAVE, AGP for the Respondent(s) No.1
RULE SERVED for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
                   Date : 28/02/2023
                COMMON ORAL ORDER

1. Heard learned Advocate Mr. Pinank J. Raiyani on behalf of the applicant and learned AGP Ms. Krushita Dave on behalf of the respondent-State.

2. It appears that in connected First Appeal where Civil Application for condoning the very selfsame days of delay which had occurred and whereas learned Co-ordinate Bench [Coram: Honourable Ms. Justice Sangeeta K. Vishen] vide order dated 23.11.2022 had condoned the said delay of 930 days which has occurred in preferring First Appeal and further recording the consent of the applicant and claimants as regards

C/CA/3085/2022 ORDER DATED: 28/02/2023

waiving interest for the delayed period as per the law laid down by Hon'ble Apex Court in the case of K. Subbarayadu & Ors v. The Special Deputy Collector, (Land Acquisition) reported in 2017 (12) SCC 840.

3. For the reasons given by the learned Co-ordinate Bench in the order hereinabove, in view of the similar stand taken by the applicant-original claimants, the delay which has occurred in preferring First Appeal against the judgment and order dated 22.05.2017 passed by learned 2nd Additional Senior Civil Judge at Dhrangadhra, District : Surendranagar in Land Reference Case No.125/2002, 119/2002, 117/2002, 131/2002, 124/2002, delay of 937 days is hereby condoned subject to condition that the applicant-claimants shall not be entitled to claim any interest for the delayed period with regard to enhanced amount, if any, that may be granted by this Court in the present First Appeals.

4. With these observations and directions, the present applications are disposed of as allowed. Rule is made absolute.

5. Registry to list the First Appeals on 13th March, 2023.

(NIKHIL S. KARIEL,J) Manoj Kumar Rai