Gujarat High Court
Punabhai Bijalbhai vs The State Of Gujarat on 8 February, 2024
NEUTRAL CITATION
C/CA/684/2024 ORDER DATED: 08/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 684 of
2024
In F/FIRST APPEAL NO. 34401 of 2023
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PUNABHAI BIJALBHAI
Versus
THE STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No.
1,2,3,4,4.1,4.2,4.3,4.4,4.5,5,6,7,8
MR TEJAS P SATTA(3149) for the Applicant(s) No.
1,2,3,4,4.1,4.2,4.3,4.4,4.5,5,6,7,8
for the Respondent(s) No. 2
MR ADITYA D DAVDA, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 08/02/2024
ORAL ORDER
1. Rule. Learned Assistant Government Pleader Ms. 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 1233 days in preferring the First
Appeal.
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3. Heard learned advocate for applicants and learned AGP for
respondent-State.
4. It is submitted that the preset First Appeal is arising out of
Land Acquisition Reference Case No.490 of 1996 wherein group of
LAR Nos.227 to 243 and 488 to 492 of 1996 and allied matters,
delay has been condoned. The present First Appeal is arising out of
the Land Reference Case No.490 of 1996.
5. It is submitted that the order dated 14.07.2023 passed by the
Coordinate Bench of this Court in the matter i.e. Civil Application
for Condonation of Delay No.1 of 2023 in Land Acquisition
Reference Case No.240 of 1995, which is taken on record. Since the
First Appeal is arising out of the same group of matters and further
submitted that delay may be condoned.
6. Learned advocate for the applicants submitted that the
applicants are not much literate and are a poor small agriculturists
and further submitted that the applicants are not aware about the
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C/CA/684/2024 ORDER DATED: 08/02/2024
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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.
7. 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.
8. Applying the ratio of aforestated 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 not be entitled to claim interest on the
enhanced amount of compensation, if any, during the delay period.
9. In view of the above, this Court is of the opinion that the delay
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C/CA/684/2024 ORDER DATED: 08/02/2024
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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. No order as to costs.
(D. M. DESAI,J)
Vikramsinh Amarsinh
