Bhagvat N. Dalvadi Since Decd Through ... vs Special Land Acquisition Officer ...
2024 Latest Caselaw 112 Guj

Gujarat High Court

Bhagvat N. Dalvadi Since Decd Through ... vs Special Land Acquisition Officer ... on 4 January, 2024

                                                                                  NEUTRAL CITATION




     C/CA/2229/2023                                ORDER DATED: 04/01/2024

                                                                                   undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2229 of
                            2023

                      In F/FIRST APPEAL NO. 16255 of 2018

==========================================================
           BHAGVAT N. DALVADI SINCE DECD THROUGH LHR
                              Versus
           SPECIAL LAND ACQUISITION OFFICER VADODARA
==========================================================
Appearance:
MS.KHUSHBOO V MALKAN(5932) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4
for the Respondent(s) No. 2,3
MS. FORAM U TRIVEDI AGP, ADVANCE COPY SERVED TO
GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                               Date : 04/01/2024

                                 ORAL ORDER

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

for condonation of delay of 660 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 advocate for the applicants and learned AGP for

the respondent-State.

                                                                                NEUTRAL CITATION




     C/CA/2229/2023                             ORDER DATED: 04/01/2024

                                                                                undefined

4. Learned advocate for the applicants submitted that Bhagvat N.

Dalvadi (since deceased) was a patient of Lung Cancer, therefore, he

was unable to attend Court as he was bedridden for most of the time,

which could enable him to file appeal. 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

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

NEUTRAL CITATION

C/CA/2229/2023 ORDER DATED: 04/01/2024

undefined

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 to the aforesaid extent.

(D. M. DESAI,J) Vikramsinh Amarsinh