Gujarat High Court
Patel Dineshkumar Shamjibhai vs The State Of Gujarat on 21 April, 2025
NEUTRAL CITATION
C/CA/2150/2025 ORDER DATED: 21/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
NO. 2150 of 2025
In
F/FIRST APPEAL NO. 10978 of 2025
With
R/CIVIL APPLICATION NO. 2151 of 2025
In
F/FIRST APPEAL NO. 11025 of 2025
With
R/CIVIL APPLICATION NO. 2155 of 2025
In
F/FIRST APPEAL NO. 11011 of 2025
With
R/CIVIL APPLICATION NO. 2162 of 2025
In
F/FIRST APPEAL NO. 11007 of 2025
With
R/CIVIL APPLICATION NO. 2165 of 2025
In
F/FIRST APPEAL NO. 10999 of 2025
With
R/CIVIL APPLICATION NO. 2166 of 2025
In
F/FIRST APPEAL NO. 11029 of 2025
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PATEL DINESHKUMAR SHAMJIBHAI & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR AV PRAJAPATI(672) for the Applicant Nos. 1,2,3
MR. SHIVAM DIXIT, AGP for the Respondent Nos. 1,2,3 in Civil
Application nos.2150 of 2025, 2155 of 2025 and 2165 of 2025
MR. M. D. RAHEVAR, AGP for the Respondent Nos. 1,2,3 in Civil
Application nos.2151 of 2025, 2162 of 2025 and 2166 of 2025
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 21/04/2025
COMMON ORAL ORDER
NEUTRAL CITATION
C/CA/2150/2025 ORDER DATED: 21/04/2025
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1. Heard Mr. A. V. Prajapati, learned advocate for the
applicants - original claimants.
2. Rule returnable forthwith. Mr. Dixit, learned AGP
and Mr. Rahevar, learned AGP appeared on advance copy on
behalf of the respective respondents.
3. The present applications are filed seeking condonation of
delay of 56 days caused in preferring the captioned appeals.
4. At the out-set, learned advocate for the applicants has
placed reliance upon the order dated 21 st February, 2025
passed by this Court in group of matters arising out of the
same impugned judgment and award passed by the Reference
Court, which is under challenge in the captioned appeals.
5. Mr. Prajapati, learned advocate for the applicants has
submitted that the impugned judgment was delivered on 6 th
December, 2024 and the certified copy was applied on the
same day and it was delivered on the same day. However, the
claimants were not aware about the remedy of appeal being
prescribed for enhancement of compensation. Recently, when
the applicants came across the fact that other claimants
whose lands were acquired and by common award have been
granted compensation at lower rates have approached the
Court in appeal, the applicants who also are aggrieved by the
amount of compensation being determined on the lower side
had decided to approach in appeal.
5.1 By making the aforesaid submission, learned advocate
NEUTRAL CITATION
C/CA/2150/2025 ORDER DATED: 21/04/2025
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has submitted that the applicants being the poor farmers and
not well versed with the provisions of law, may not be left
remedy-less and has urged this Court to condone the delay.
6. Learned AGP for the respondent - State can not dispute
the fact that the common impugned award under challenge is
in consideration in the cognate appeals.
7. Considering the overall facts of the case and the
averments made in the applications, sufficient cause is made-
out to condone the delay in the present applications. Hence,
present applications stand allowed. The delay caused in
preferring the captioned appeals is hereby condoned. Rule
made absolute.
(NISHA M. THAKORE, J.)
AMAR RATHOD...
