Deputy Collector , Land Acquisition And ... vs Dahyabhai Paragbhai Vankar
2024 Latest Caselaw 5403 Guj

Gujarat High Court

Deputy Collector , Land Acquisition And ... vs Dahyabhai Paragbhai Vankar on 24 June, 2024

                                                                                   NEUTRAL CITATION




      C/CA/1441/2022                                ORDER DATED: 24/06/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1441 of
                            2022
                       In F/FIRST APPEAL NO. 10110 of 2022
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     DEPUTY COLLECTOR , LAND ACQUISITION AND REHABILITATION
                         OFFICER & ORS.
                             Versus
              DAHYABHAI PARAGBHAI VANKAR & ORS.
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Appearance:
MS DHWANI R TRIPATHI AGP for the Applicant(s) No. 1,2,3
DECEASED LITIGANT for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 1.1,1.2,2
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                Date : 24/06/2024
                                 ORAL ORDER

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

Act, 1963 for condonation of delay of 839 days in preferring the

appeal.

2. Heard learned advocate for the applicant.

3. Learned Assistant Government Pleader for the applicants

has submitted that after the impugned judgment and award came

to be passed by the learned Principal Senior Civil Judge,

Lunawada, the amount compensation was deposited by the

applicant on 27.09.2018 before the learned Principal Senior

NEUTRAL CITATION

C/CA/1441/2022 ORDER DATED: 24/06/2024

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Civil Judge, Lunawada. Thereafter, the original claimants

moved application for correction of the names in the cause title

of the judgment and award. The application was disposed of by

the learned trial Court. However in LAR No.399 of 2017, the

application of the original claimants came to be rejected vide

order dated 09.09.2019.

3.1. It is further submitted that there is intentional delay and

lethargy on the part of the applicants. It is because of the

original claimants, the delay has occurred.

4. In view of the submissions and the contentions raised in

the application, this Court finds that the delay which has

resulted in filing the appeal is not attributed on the part of the

applicants. Sufficient explanation has been demonstrated by the

applicants in the application. Taking a liberal and justice

oriented approach, the delay is required to be condoned and the

same is condoned. Rule is made absolute. No order as to costs.

NEUTRAL CITATION

C/CA/1441/2022 ORDER DATED: 24/06/2024

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5. In view of the above, the present Civil Application is

disposed of accordingly.

(D. M. DESAI,J) RINKU MALI