Patel Chelabhai Devshibhai vs Deputy Collector
2024 Latest Caselaw 40 Guj

Gujarat High Court

Patel Chelabhai Devshibhai vs Deputy Collector on 2 January, 2024

                                                                                 NEUTRAL CITATION




     C/CA/2026/2023                               ORDER DATED: 02/01/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2026 of
                            2023
                      In F/FIRST APPEAL NO. 388 of 2022
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                       PATEL CHELABHAI DEVSHIBHAI
                                 Versus
                           DEPUTY COLLECTOR
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MR ADITYA D DAVDA, AGP ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
                              Date : 02/01/2024
                               ORAL ORDER

1. By this application under section 5 of the Limitation Act,

1963, the applicants seek condonation of delay of 1286 days

caused in filing the captioned First Appeal against the judgment

dated 20.08.2016 and decree dated 30.08.2016 passed in the

Land Acquisition Reference (LAR) Case No.1465/1998 in

group LAR No.1461/1998 to 1465/1998 by the learned 4th

Additional Senior Civil Judge, Palanpur.

2. Rule, returnable forthwith. Learned Assistant Government

Pleader Mr. Aditya D. Davda waives service of notice of Rule

for the respondent No.1.

NEUTRAL CITATION

C/CA/2026/2023 ORDER DATED: 02/01/2024

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3. Heard learned advocate Mr.Tejas P. Satta for the

applicants and learned Assistant Government Pleader Mr.

Aditya D. Davda for the respondent No.1.

4. Learned advocate for the applicants made a statement that

if the delay is condoned, the claimants-applicants shall not claim

interest for the delayed period. It is submitted that the applicants

have no objection, if such condition is imposed as was imposed

by the Supreme Court in the case of K. Subbarayadu and others

Vs. The Special Deputy Collector (Land Acquisition) reported in

2017(12) SCC 840.

5. Per contra, learned Assistant Government Pleader for the

respondent objected the application on the ground that reasons

assigned in the application for condoning the delay are not

sufficient.

6. In the totality of facts, sufficient cause is said to have been

made out. The delay of 1286 days deserves to be condoned and

the same is condoned. At the same time, in the facts and

NEUTRAL CITATION

C/CA/2026/2023 ORDER DATED: 02/01/2024

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circumstances of the case and as per the statement made by

learned advocate for the applicants, condition is imposed on

each of the applicant/claimant that he shall not claim any

interest for the delayed period in respect of the enhanced

compensation, in the event, the appeal is allowed. Rule is made

absolute to the aforesaid extent.

(D. M. DESAI,J) RINKU MALI