Rabari Devabhai Ramdan vs Land Acquisition And ...
2023 Latest Caselaw 267 Guj

       C/CA/3129/2022                                  ORDER DATED: 10/01/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 3129 of 2022

                          In F/FIRST APPEAL NO. 8965 of 2022

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                      RABARI DEVABHAI RAMDAN
                                Versus
             LAND ACQUISITION AND REHABILITATION OFFICER
========================================================
Appearance:
MR JINESH H KAPADIA(5601) for the Applicant(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP 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 : 10/01/2023

                                    ORAL ORDER

1. Heard learned Advocate Mr. Jinesh Kapadia on behalf of the

applicant and learned Assistant Government Pleader Mr. Akash Chhaya on

behalf of respondent no.1- State.

2. By way of this application the applicant prays for condoning delay of

828 days which has occurred in preferring First Appeals against judgement

and award passed by learned Additional Senior Civil Judge, Deesa

(Reference Court) dated 29.09.2017 in Land Acquisition Reference Case

No. 42 of 2005.

C/CA/3129/2022 ORDER DATED: 10/01/2023

3. Learned Advocate Mr. Kapadia on behalf of the applicants would

submit that the delay had occurred more particularly on account of factors

which were beyond the control of the applicant including the COVID 19

pandemic and whereas learned Advocate would refer to and rely upon

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 and would submit that in the instant case to balance the equities,

the Hon'ble Supreme Court had condoned substantial delay, more

particularly by directing that the claimant in case there is an enhancement in

the claim amount would not be entitled for any interest for the delayed

period. Learned Advocate would submit that the applicant would waive any

interest on the enhanced amount, if any, for the period of delay and whereas

considering the same learned Advocate would request that this Court may

condone the delay.

4. Having regard to the submissions made by learned Advocate Mr.

Kapadia as well as considering the law laid down by the Hon'ble Supreme

Court in case of Collector Land Acquisition, Anantnag & Anr. v. Mst. Katiji

& Ors. reported in AIR 1987 SC 1353 and further considering the

concession made by learned Advocate Mr. Kapadia upon instructions, the

application deserves consideration. Delay of 828 days occurred in preferring

C/CA/3129/2022 ORDER DATED: 10/01/2023

appeal against judgment and order dated 29.09.2017 in Land Acquisition

Reference Case No. 42 of 2005 stands condoned subject to the condition

that the applicant claimant shall not be entitled to claim any interest on the

enhanced amount compensation if any, for the period of delay.

With these observations and direction civil application stands

allowed. Rule is made absolute to the above extent.

(NIKHIL S. KARIEL,J) NIRU