Gordhanbhai Bhimabhai Dobaria vs Deputy Collector, Land ...
2023 Latest Caselaw 324 Guj

        C/CA/39/2023                                ORDER DATED: 11/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 39 of 2023

                       In F/FIRST APPEAL NO. 31759 of 2022

==========================================================
                 GORDHANBHAI BHIMABHAI DOBARIA
                             Versus
      DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION
==========================================================
Appearance:
MR NITIN M AMIN(126) for the Applicant(s) No. 1,2,3,4,5
MR SANJAY M AMIN(130) for the Applicant(s) No. 1,2,3,4,5
for the Respondent(s) No. 2
MR ASHUTOSH DAVE, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 11/01/2023

                                  ORAL ORDER

1. Heard learned Advocate Mr. Nitin M. Amin on behalf of the

applicants and learned AGP Mr. Ashutosh Dave on behalf of the

respondent-State.

2. Issue Rule returnable forthwith. Learned AGP Mr. Ashutosh Dave

waives service of rule on behalf of the respondent-State.

3. By way of this application, the applicants pray for condoning delay

of 858 days which has occurred in preferring appeal against the judgment

and award dated 03.03.2018 passed by the learned 8 th Additional Senior

C/CA/39/2023 ORDER DATED: 11/01/2023

Civil Judge, Bhavnagar in LRC No. 371 of 2006 as corresponding to

Civil Application No. 39.

4. Considering the submission made by learned Advocate Mr. Amin

and having regard to the averments on record and more particularly,

considering the law laid down by the Hon'ble Apex Court in case of

Collector, Land Acquisition, Anantnag and another Vs. Mst. Katiji

and others, reported at AIR 1987 Supreme Court 1353 and the decision

of the Hon'ble Apex Court in case of S. Ganesharaju (D) Thr. L.Rs. &

Another Vs. Narasamma (D) Thr. L.Rs. & Others reported at 2012 (4)

SCALE 152 and in the case of Dhiraj Singh (Dead) Vs. State of

Haryana & others reported in (2014) 14 SCC 127 and further

considering the submissions made by learned Advocate Mr. Amin that as

per the law laid down by the Hon'ble Apex Court in case of K.

Subbarayudu and Ors. Vs. The Special Deputy Collector (Land

Acquisition), reported in (2017) 12 SCC 840, the applicant makes a

submission that he would waive his right to claim interest upon enhanced

amount if any for the delayed period, in the considered opinion of this

Court, the application deserves consideration.

5. Delay of 858 days which has occurred in preferring the First

C/CA/39/2023 ORDER DATED: 11/01/2023

Appeal No. 31759 of 2022 is condoned subject to the condition that the

applicant shall not claim any interest upon the enhanced amount if any for

the delayed period. The Civil Application No. 39 of 2023 is disposed of

as allowed. Rule is made absolute.

(NIKHIL S. KARIEL,J) Mrs. J. J. Kedia