Hemant Thakarshibhai vs State Of Gujarat
2023 Latest Caselaw 7994 Guj

                                                                                 NEUTRAL CITATION




       C/CA/837/2023                            ORDER DATED: 01/11/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 837 of
                                 2023
                  In F/FIRST APPEAL NO. 28720 of 2021

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                        HEMANT THAKARSHIBHAI
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4,5,6
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5,6
MR.ADITYA DAVDA AGP ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                            Date : 01/11/2023
                             ORAL ORDER

1. Heard learned advocate Mr.Tejas Satta for the applicants and learned Assistant Government Pleader Mr.Aditya Davda for the respondent - State.

2. Rule. Learned AGP waives service of notice of rule for and on behalf of respondent - State.

3. This application is filed under Section 5 of the Limitation Act for condonation of delay of 692 days caused in preferring the First Appeal.

4. Learned advocate for the applicants has submitted that the applicants had no information from the concerned

NEUTRAL CITATION

C/CA/837/2023 ORDER DATED: 01/11/2023

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advocate with regard to passing the impugned judgment and award. After meeting with the concerned advocate in the month of November 2018, learned advocate appeared before the learned trial Court and informed the applicants that, the amount of compensation has not been deposited by the authority. The advocate of the applicants also told to the applicants that he will be informed as and when the amount of compensation deposited by the authority. Even after, repeated meeting with the concerned advocate, the information was not available. In the month of August 2020, when the applicants met with the concerned advocate appeared before the learned Reference Court, the same assurance was given by the learned advocate. After Diwali 2020, the amount was deposited by the authority and the applicants came to know about the said facts. Thereafter, the applicants came to know about the details of the Award passed by the learned Reference Court. Thereafter, the applicants took time to seek legal advise. Thus, there is a delay in preferring the appeal.

5. Per contra, learned Assistant Government Pleader, has placed on record the copy of the order dated 08.02.2023 passed in Civil Application No.152 of 2023 in First Appeal No.28713 of 2021 and allied matters and pointed out that the Co-ordinate Bench has referred the decision of the Hon'ble Supreme Court in the case of K.Subbarayadu & Ors. vs. The

NEUTRAL CITATION

C/CA/837/2023 ORDER DATED: 01/11/2023

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Special Deputy Collector, (Land Acquisition) reported in 2017(12)

SCC 840, wherein the delayed period, the applicants could not

claim interest upon the enhanced compensation and hence, the learned advocate for the applicants could not contradict the above proposition of law.

6. Having considered the submissions of learned advocates of both the sides and contentions raised in the application, it is needless to observe that in catena of decisions, the view taken by the Hon'ble Supreme Court is, while deciding an application for condonation of delay, the liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay can be condoned. There is no intentional delay on the part of the applicants. The delay has sufficiently been explained. Hence, the delay is condoned subject to condition that the claimants shall not claim interest upon enhanced compensation, if any, for the period of delay.

7. With these observations and directions, the present Civil Application stands allowed. Rule is made absolute to the aforesaid extent.

(D. M. DESAI,J) MANOJ