Agarben Ratnabhai Parbatbhai Kanbi ... vs Special Land Acquisition Officer
2025 Latest Caselaw 22 Guj

Gujarat High Court

Agarben Ratnabhai Parbatbhai Kanbi ... vs Special Land Acquisition Officer on 1 April, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                  NEUTRAL CITATION




                                C/CA/851/2025                                     ORDER DATED: 01/04/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 851 of
                                                        2025

                                                In F/FIRST APPEAL NO. 14464 of 2021

                        ==========================================================
                               AGARBEN RATNABHAI PARBATBHAI KANBI (EXPIRED) & ORS.
                                                    Versus
                                    SPECIAL LAND ACQUISITION OFFICER & ANR.
                        ==========================================================
                        Appearance:
                        MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4,5
                        MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5
                        MS. FORAM TRIVEDI, AGP for the Respondent(s) No. 1,2
                        ==========================================================

                          CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                                and
                                HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                               Date : 01/04/2025
                                                ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. Captioned application, has been filed seeking condonation of delay of 1185 days caused in preferring the captioned first appeal.

2. Mr.Tejas P Satta, learned advocate for the applicants has placed on record the order dated 24.03.2025 passed in R/ Civil Application (for condonation of delay) No. 814 of 2025. It is urged that the delay condoned in first appeal filed is arising out of the self same judgment. Request is made to pass similar order. The claimants have declared before this Court that they shall not claim interest for the delayed period if this Court were to allow the appeal.

3. Ms. Foram Trivedi, learned Assistant Government

NEUTRAL CITATION

C/CA/851/2025 ORDER DATED: 01/04/2025

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Pleader submitted that since in identical matter, the delay is condoned, and the claimants are ready and willing to waive the interest for the delayed period, appropriate order may be passed.

4. Having regard to the averments made, so also the oral submissions and the fact that First Appeal No. 1234 of 2022 has been admitted arising out of Land Acquisition Reference Case No. 13 of 2007, this Court, is of the opinion that delay of 1185 days caused in filing the captioned First Appeal, deserves to be condoned and is hereby condoned.

5. Needless to clarify that the claimants shall not claim any interest for the delayed period, if the appeals filed were to be allowed.

6. Civil application succeeds and is accordingly allowed. Rule is made absolute. No order as to costs.

7. Copy of the order shall be placed in the record of respective First Appeals.

(SANGEETA K. VISHEN,J)

(NIRAL R. MEHTA,J) SINDHU NAIR