Gujarat High Court
State Of Gujarat vs Pagi Kanubhai Gamabhai on 3 March, 2023
Bench: Ashutosh Shastri
C/CA/3063/2022 ORDER DATED: 03/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 3063 of 2022
In F/FIRST APPEAL NO. 27875 of 2022
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STATE OF GUJARAT
Versus
PAGI KANUBHAI GAMABHAI
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Appearance:
MS SURBHAI BHATI ADDL. GOVERNMENT PLEADER for the Applicant(s)
No. 1,2
MR N V RAVAL(11267) for the Respondent(s) No. 1
MR VIJAY N RAVAL(2025) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 03/03/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)
1. By way of this Civil Application, the applicants - original
opponents have sought condonation of delay of 565 days, which
has caused in preferring First Appeal against the judgment and
award dated 01.05.2018 passed by the learned Principal Senior
Civil Judge, Shehra, in Land Acquisition Reference Nos.229 to 235
of 2017 and 4 and 6 of 2018. The applicants have stated the
circumstances in the application as to why the delay has
occasioned in preferring the aforesaid First Appeal.
2. When the matter is taken up for hearing, the learned AGP
has pointed that the detailed circumstances narrated in the
application with regard to the justification of delay and considering
the explanation, which has been given, a request is made to grant
C/CA/3063/2022 ORDER DATED: 03/03/2023
the relief by condoning the delay. At this stage, learned AGP has
further pointed out that the awarded amount has already been
deposited by the applicant in the month of March, 2022 before the
Court concerned by Demand Draft, the particulars has been
placed on record by tendering xerox copy of the same. As such
learned AGP requested to condone the delay. In addition thereto,
learned AGP has drawn our attention to the decision delivered by
the Hon'ble Apex Court in the case of State (NCT of Delhi) Vs.
Ahmed Jaan reported in (2008) 14 Supreme Court Cases 582.
By referring to the same, request is made to condone the delay.
3. As against, learned advocate Mr. Raval appearing on behalf
of the contesting respondents initially has made an attempt to
oppose the request made by the applicant and has submitted that
the detailed affidavit in reply is filed. But after considering the
submissions made by the learned AGP, he has left it to the
discretion of this Court.
4. Having heard the learned advocates for the parties and
having gone through the material on record, it appears that there is
a cogent explanation tendered by the applicants about the delay
which has occurred in preferring the First Appeal. The specific
averments have been made in paras 2 to 5 in the application to
which we are of the opinion that this explanation found to be
sufficient enough to consider the request of condonation of delay.
5. We are also persuaded to condone the delay in view of the
fact that the entire awarded amount has already been deposited in
the month of March, 2022 and as such appeal deserves to be
considered as and when it may be circulated. At this stage, we
C/CA/3063/2022 ORDER DATED: 03/03/2023
may also refer to the decision of the Hon'ble Apex Court in the
case of Collector, Land Acquisition, Anantnag and Ors. Vs.
Katiji & Ors. reported in AIR 1987 SC 1353 and considering the
observations made in para 5 of the said decision, we deem it
proper to condone the delay. Yet another decision, which has been
brought to our notice by the learned AGP delivered by the
Coordinate Bench of this Court dated 14.02.2022 (Civil Application
No.1816 of 2019 in First Appeal No.19096 of 2019) and
considering the aforesaid situation prevailing on record, we are of
the considered opinion that the delay caused in preferring appeal
deserves to be condoned. Accordingly, Civil Application is allowed
in terms of para 8(B). Rule is made absolute.
(ASHUTOSH SHASTRI, J)
(NISHA M. THAKORE,J)
Y.N. VYAS
