Gujarat High Court
Decd Harijan Amthubhai Gobarbhai Thro ... vs State Of Gujarat on 16 January, 2024
NEUTRAL CITATION
C/CA/2146/2023 ORDER DATED: 16/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2146 of
2023
In F/FIRST APPEAL NO. 29930 of 2023
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DECD HARIJAN AMTHUBHAI GOBARBHAI THRO LH
Versus
STATE OF GUJARAT
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Appearance:
MR RAKESH R PATEL(3239) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,2,2.1,2.2,2.3,2.4,3,4,5,6,7
MS FORAM U TRIVEDI AGP ADVANCE COPY SERVED TO AGP for the
Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 16/01/2024
ORAL ORDER
1. Rule. Learned Assistant Government Pleader 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 for condonation of delay of 2843 days in preferring the First
Appeal.
3. Heard learned advocates for the respective parties.
4. The learned advocate for the applicants has submitted that
NEUTRAL CITATION
C/CA/2146/2023 ORDER DATED: 16/01/2024
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the main reason of delay is that there was an outbreak of Covid-
19. The learned advocate for the applicants has submitted that
the applicants are an illiterate agriculturists and they are not
conversant with the law and they does not have sufficient legal
knowledge which could enable them to file an appropriate
appeal within the stipulated period and therefore, the applicants
could not file an appeal within the stipulated time period.
5. Learned Advocate for the applicants 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
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.
6. Per contra, there is objection on the part of the learned
NEUTRAL CITATION
C/CA/2146/2023 ORDER DATED: 16/01/2024
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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 claimants would 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)
RINKU MALI
