Thakor Popatji Jevatji vs State Of Gujarat
2023 Latest Caselaw 8277 Guj

Gujarat High Court

Thakor Popatji Jevatji vs State Of Gujarat on 29 November, 2023

                                                                                   NEUTRAL CITATION




     C/CA/1650/2023                                ORDER DATED: 29/11/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1650 of
                            2023

                      In F/FIRST APPEAL NO. 29938 of 2023

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                           THAKOR POPATJI JEVATJI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR RAKESH R PATEL(3239) for the Applicant(s) No. 1
Ms. Foram U. Trivedi, AGP for the respondent - State
RULE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                               Date : 29/11/2023

                                 ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act for condonation of delay of 2783 days in preferring the First Appeal.

2. Rule. Learned Assistant Government Pleader Ms. Foram U. Trivedi appears on advance copy, waives the service of notice of Rule for respondent-State.

3. Heard learned advocates for the respective parties.

4. The delay is due to insufficient knowledge / guidance

NEUTRAL CITATION

C/CA/1650/2023 ORDER DATED: 29/11/2023

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and not conversant with the intricacies of law could not approached to the Hon'ble Court within limitation period and the also the reason of corona outbreak, and therefore, the applicants could not file for condonation of delay in time.

5. Learned Advocate for the applicant has produced decision of the Hon'ble Apex Court in case of K. Subbarayadu and others Versus The Special Collector (Land Acquisition) reported in 2017 (12) SCC 840 and would submit that considering the law laid down in aforementioned case, the applicant is not claiming his right for the interest upon the enhanced compensation, if any, for the delay period. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicant.

6. Per contra, there is an objection on the part of the learned AGP that the delay has not been sufficiently explained and therefore, present application may be dismissed.

7. Applying the ratio of aforesaid judgment in background of the facts of the present case as well as considering the law laid down by the Hon'ble Apex Court in case of K. Subbarayadu (supra), the application seeking condonation of delay deserves consideration. However, the claimant would

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C/CA/1650/2023 ORDER DATED: 29/11/2023

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not be entitled to claim interest on the enhanced amount of compensation, if any, during the delay period.

8. In view of the above, this Court is of the opinion that the delay has sufficiently been explained, therefore, this application is allowed subject to the condition that the applicant - claimant shall not be entitled to claim interest on the period of delay caused in preferring the First Appeal on enhanced amount of award, if any. Rule is made absolute to the aforesaid extent.

(D. M. DESAI,J) B. J. Thaker