Gujarat High Court
Ratanben Wd/O Virma Mashru ... vs Deputy Collector on 9 November, 2023
Bench: Devan M. Desai
NEUTRAL CITATION
C/CA/1839/2023 ORDER DATED: 09/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1839 of
2023
In F/FIRST APPEAL NO. 27776 of 2023
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RATANBEN WD/O VIRMA MASHRU BHATAKIYA
Versus
DEPUTY COLLECTOR
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Appearance:
MS. PAYAL M TUVAR(7055) for the Applicant(s) No.
1,2,3,4,4.1,4.2,4.3,4.4,5,6
for the Respondent(s) No. 2
MS.FORAM TRIVEDI 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 : 09/11/2023
ORAL ORDER
1. Heard learned advocate Ms.Payal Tuvar for the
applicants and learned Assistant Government Pleader Ms.Foram
Trivedi 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 796 days caused in
preferring the First Appeal.
NEUTRAL CITATION
C/CA/1839/2023 ORDER DATED: 09/11/2023
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4. Learned advocate for the applicants has submitted
that the applicants are uneducated and illiterate persons and
they were no aware about the outcome of the Land Reference
Case. The judgment and award is dated 24.04.2019 and the
appellants had applied for getting certified copy on 29.08.2023
and the same was delivered on 29.08.2023. 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
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
NEUTRAL CITATION
C/CA/1839/2023 ORDER DATED: 09/11/2023
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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
