Rematben Ababhai vs State Of Gujarat
2024 Latest Caselaw 1108 Guj

Gujarat High Court

Rematben Ababhai vs State Of Gujarat on 8 February, 2024

                                                                                     NEUTRAL CITATION




       C/CA/627/2024                                ORDER DATED: 08/02/2024

                                                                                      undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 627 of
                                2024

                       In F/FIRST APPEAL NO. 34334 of 2023

==========================================================
                              REMATBEN ABABHAI
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4,5,6,7
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5,6,7
for the Respondent(s) No. 2
MR ADITYA D DAVDA, AGP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                Date : 08/02/2024

                                  ORAL ORDER

1. Rule. Learned Assistant Government Pleader Mr. Aditya D

Davda appears on advance copy waives the service of notice of Rule

for respondent-State.

2. This application is filed under Section 5 of the Limitation Act,

1963 for condonation of delay of 1414 days in preferring the First

Appeal.

                                                                                  NEUTRAL CITATION




     C/CA/627/2024                              ORDER DATED: 08/02/2024

                                                                                  undefined

3. Heard learned advocate for the applicants and learned AGP for

the respondent-State.

4. Learned advocate for the applicants submitted that applicants

are not much literate and are poor small agriculturists. It is submitted

that applicants are not aware about the procedure of the court of law.

He has placed reliance on decision of the Hon'ble Apex Court in the

case of K. Subbarayadu and others Vs. The Special Deputy

Collector (Land Acquisition) reported in 2017(12) SCC 840 and

would submit that considering the law laid down in aforementioned

case, the applicants are not claiming their 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 applicants.

5. 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.

6. Applying the ratio of aforestated judgment in background of

the facts of the present case as well as considering the law laid down

NEUTRAL CITATION

C/CA/627/2024 ORDER DATED: 08/02/2024

undefined

by the Hon'ble Apex Court in case of K. Subbarayadu (Supra), the

application seeking condonation of delay deserves consideration.

However, the claimant would not be entitled to claim interest on the

enhanced amount of compensation, if any, during the delay period.

7. 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.

(D. M. DESAI,J) Vikramsinh Amarsinh