The Deputy Collector, Land Acquisition ... vs Kalubhai Ujmabhai Khant
2024 Latest Caselaw 5406 Guj

Gujarat High Court

The Deputy Collector, Land Acquisition ... vs Kalubhai Ujmabhai Khant on 24 June, 2024

                                                                                       NEUTRAL CITATION




     C/CA/3794/2019                                    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. 3794 of
                            2019

                      In F/FIRST APPEAL NO. 18419 of 2019

                                  With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                   In F/FIRST APPEAL NO. 18419 of 2019
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 THE DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION
                      OFFICER & ORS.
                          Versus
                 KALUBHAI UJMABHAI KHANT
==========================================================
Appearance:
MS.MEGHA CHITYALIA AGP for the Applicant(s) No. 1,2,3
MR D V KANSARA(7498) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                               Date : 24/06/2024

                         ORAL ORDER

ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY)

1. By way of present application filed under Section 5 of the Limitation Act, 1963 the applicants have prayed to condone the delay of 427 days caused in preferring an appeal.

2. Learned Assistant Government Pleader has submitted that the cognate matter being Civil Application No.3795 of 2019 is allowed and delay of 427 days has already been condoned by this Court on 30.08.2022. Copy

NEUTRAL CITATION

C/CA/3794/2019 ORDER DATED: 24/06/2024

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of the said order is placed on record. The same is taken on record. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicants.

3. Having considered the submissions and averments made in the application, the delay is not intentional and there was no lethargy on the part of the applicants. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.

4. The application is allowed. Rule is made absolute.

ORDER IN CIVIL APPLICATION (FOR STAY)

1. This application is filed by the applicants for staying the execution, implementation and operation of the

NEUTRAL CITATION

C/CA/3794/2019 ORDER DATED: 24/06/2024

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judgment and award dated 08.11.2017 passed by the learned Principal Senior Civil Judge, Mahisagar at Lunawada.

2. Learned Assistant Government Pleader submits that the awarded amount has already been deposited before the concerned Court.

3. In view of the above submissions, there shall be an Ad-interim relief in terms of para 8(C) of the Civil Application till final disposal of the First Appeal.

4. Accordingly, present Civil Application, stands disposed of.

(D. M. DESAI,J) MANOJ