Harijan Aala Bhoja(Expired) vs State Of Gujarat
2024 Latest Caselaw 1213 Guj

Gujarat High Court

Harijan Aala Bhoja(Expired) vs State Of Gujarat on 12 February, 2024

                                                                                    NEUTRAL CITATION




       C/CA/731/2024                                ORDER DATED: 12/02/2024

                                                                                     undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 731 of
                                2024

                       In F/FIRST APPEAL NO. 2530 of 2024

==========================================================
                        HARIJAN AALA BHOJA(EXPIRED)
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MR ADITYA D DAVDA, AGP ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                Date : 12/02/2024

                                 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 2733 days in preferring the First

Appeal.

                                                                               NEUTRAL CITATION




     C/CA/731/2024                            ORDER DATED: 12/02/2024

                                                                               undefined

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.151 of 1994 wherein group of

LAR Nos.111/1994 to 155/1994 and allied matters, delay has been

condoned. The present First Appeal is arising out of the Land

Reference Case No.151 of 1994.

5. It is submitted that the order dated 08.02.2024 passed by this

Court in the matter i.e. Civil Application for Condonation of Delay

No.641 of 2024 in F/First Appeal No.34390 of 2023 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

procedure of the Court of law. He has placed reliance on decision of

NEUTRAL CITATION

C/CA/731/2024 ORDER DATED: 12/02/2024

undefined

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

has sufficiently been explained. Therefore, this application is

NEUTRAL CITATION

C/CA/731/2024 ORDER DATED: 12/02/2024

undefined

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