Devabhai Sajanbhai Odedara vs Deputy Collector
2024 Latest Caselaw 41 Guj

Gujarat High Court

Devabhai Sajanbhai Odedara vs Deputy Collector on 2 January, 2024

                                                                                  NEUTRAL CITATION




     C/CA/2303/2023                                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. 2303 of
                            2023
                      In F/FIRST APPEAL NO. 36496 of 2023
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                       DEVABHAI SAJANBHAI ODEDARA
                                  Versus
                           DEPUTY COLLECTOR
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR ADIDTYA D DAVDA, AGP ADVANCE COPY SERVED TO
GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
================================================================
 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 applicant seeks condonation of delay of 1185 days

caused in filing the captioned First Appeal against the judgment

and decree dated 30.06.2018 passed in the Land Acquisition

Reference (LAR) Case No.47/2011 in group LAR No.46 to

50/2011 by the learned 2nd Additional Senior Civil Judge,

Jamnagar.

2. Heard learned advocate Mr.Tejas P. Satta for the applicant

and learned Assistant Government Pleader Mr. Aditya D. Davda

for the respondent No.1.

NEUTRAL CITATION

C/CA/2303/2023 ORDER DATED: 02/01/2024

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3. Rule, returnable forthwith. Learned Assistant Government

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

for the respondent No.1.

4. Learned advocate Mr.Tejas Satta submitted that the

claimant would waive the interest for the period of delay caused

in filing this Appeal on the amount, if any, enhanced.

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. Having regard to the submissions advanced by the learned

advocates for the respective parties and more particularly

considering the averments made in the memorandum of

application, the Court is of the view that the delay caused in

filing the First Appeal has been sufficiently explained.

NEUTRAL CITATION

C/CA/2303/2023 ORDER DATED: 02/01/2024

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7. In view of the submission made by learned advocate

Mr.Tejas Satta for the applicant to the effect that the claimant

would waive the interest for the period of delay caused in filing

the appeal, this Court is of the view that the delay caused in

filing the First Appeal deserves to be condoned.

8. The application, therefore, succeeds and is, accordingly,

allowed on condition that the applicant shall waive the claim of

interest for the period of delay caused in preferring the First

Appeal on enhanced amount of award, if any. The delay caused

in filing the First Appeal is hereby condoned. Rule is made

absolute accordingly with no order as to costs.

(D. M. DESAI,J) RINKU MALI