Gujarat High Court
Lavjibhai Premjibhai vs State Of Gujarat on 24 April, 2025
NEUTRAL CITATION
C/CA/331/2025 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 331 of
2025
In F/FIRST APPEAL NO. 36976 of 2024
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LAVJIBHAI PREMJIBHAI
Versus
STATE OF GUJARAT & ORS.
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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
MR. SHIVAM DIXIT, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 24/04/2025
ORAL ORDER
1. Heard learned advocate Mr. Tejas Satta for the applicant and
learned AGP Mr. Shivam Dixit for the respondents-State Authorities.
2. Issue Rule, returnable forthwith. Learned AGP waives service of
notice of rule for and on behalf of respondents-State Authorities.
3. Learned advocate for the applicant has placed reliance upon the
order dated 26.09.2023 passed by the Hon'ble Division Bench in Civil
Application (For Condonation of Delay) No.1 of 2023 in F/First Appeal
No.14846 of 2023 and allied matters, and has submitted that against
the same impugned judgment and award, as challenged in the present
NEUTRAL CITATION
C/CA/331/2025 ORDER DATED: 24/04/2025
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captioned appeal, the Hon'ble Division Bench has condoned the delay
of 740/748 days. Learned advocate has also placed on record the case
status of the aforesaid appeal, and has submitted that noticing the
grounds raised in the appeal, the Hon'ble Division Bench vide order
dated 18.01.2024, has admitted the appeal. He has, therefore,
submitted that impugned judgment and award is pending
consideration before the Hon'ble Division Bench. By making the
aforesaid submissions, learned advocate for the applicant has further
submitted that present applicant-original claimant being similarly
situated, may also be given an opportunity to present his case on
merits for enhancement of amount of compensation, and has urged
this Court to condone the delay.
4. Learned AGP appearing for the respondent-State Authorities
has not been able to controvert the aforesaid submissions made by
learned advocate for the applicant. However, he has objected to
condonation of delay by pointing out that there is a huge delay and
the claimant being the fence-sitter, may not get the benefit of
interest of the aforesaid period of delay, in case, if the Court is
inclined to accept his case for condonation of delay. He has, therefore,
urged this Court to impose appropriate terms and conditions on him.
NEUTRAL CITATION
C/CA/331/2025 ORDER DATED: 24/04/2025
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5. Considering the aforesaid submissions made by learned
advocates for the respective parties and considering the averments
made in the application, in light of the fact that appeals arising out of
the common impugned judgment and award, have already been
admitted, this Court is of the view that the interest of justice would
prevail by putting the present applicant-original claimant on condition
that he shall not be entitled to the interest on the additional amount
of compensation, in case, if his appeal is allowed and at the same time,
he can be permitted to present his case for enhancement.
6. For the foregoing reasons, the present application is allowed.
The delay of 2040 days is hereby condoned. Rule is made absolute to
the aforesaid extent.
7. Needless to clarify that the applicant shall not be entitled to the
interest, which may be awarded for the interregnum period, in case, if
the applicant succeeds in appeal.
8. With these observations, the present civil application stands
disposed of.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
