Gujarat High Court
Patel Madhabhai Vanabhai Since Decd. ... vs Special Land Acquisition Officer on 25 April, 2025
NEUTRAL CITATION
C/CA/67/2025 ORDER DATED: 25/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 67 of 2025
In F/FIRST APPEAL NO. 20126 of 2024
With
R/CIVIL APPLICATION NO. 68 of 2025
In
F/FIRST APPEAL NO. 20162 of 2024
With
R/CIVIL APPLICATION NO. 76 of 2025
In
F/FIRST APPEAL NO. 20158 of 2024
With
R/CIVIL APPLICATION NO. 83 of 2025
In
F/FIRST APPEAL NO. 20155 of 2024
With
R/CIVIL APPLICATION NO. 739 of 2025
In
F/FIRST APPEAL NO. 20196 of 2024
With
R/CIVIL APPLICATION NO. 743 of 2025
In
F/FIRST APPEAL NO. 20120 of 2024
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PATEL MADHABHAI VANABHAI SINCE DECD. THROUGH LHS & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6,1.7
MR. MANOHAR RAHEVAR, AGP for the Respondent(s) No. 1,2 IN CIVIL
APPLICATION NOS.67, 68 AND 76 OF 2025
MR. SHIVAM DIXIT, AGP for the Respondent(s) No. 1,2 IN CIVIL
APPLICATION NOS.83, 739 AND 743 OF 2025
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 25/04/2025
COMMON ORAL ORDER
NEUTRAL CITATION
C/CA/67/2025 ORDER DATED: 25/04/2025
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1. Mr. A. V. Prajapati, learned advocate on record for the
applicants, at the outset, has placed on record the order dated
16.12.2024 passed by this Court in Civil Application (For Condonation
of Delay) No.5369 of 2024 preferred in F/First Appeal No.27657 of
2024, and has submitted that arising out of the same common
judgment and award, as impugned in the present appeal, this Court,
upon hearing the learned advocates for the respective parties, has
condoned the delay of 4812 days caused in preferring the said appeal.
Learned advocate had emphasized on the fact that against the same
impugned judgment and award dated 31.03.2011 passed by learned
Principal Senior Civil Judge, Patan in Land Acquisition Reference Case
Nos.2583 to 2609 of 2006 (Main L.A.R. No.2583 of 2006), delay has
been condoned. He has fairly pointed out that the aforesaid delay has
been condoned on condition that the claimants shall not be entitled
to the interest on the enhancement amount of compensation for this
interregnum period of delay, in case, if the claimants succeed in the
main appeal.
2. Learned Assistant Government Pleaders appearing on behalf of
the respondents-State Authorities were unable to dispute the
aforesaid submissions. This Court had inquired from the learned AGPs
as to whether, the aforesaid order has been taken in appeal before
the higher forum, to which, learned AGPs, under instructions, have
NEUTRAL CITATION
C/CA/67/2025 ORDER DATED: 25/04/2025
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submitted the State has accepted the aforesaid order as there is no
challenge to the said order in appeal before the higher forum. Learned
AGPs have submitted that similar condition be imposed in case of the
present applicants, if the Court is inclined to consider their case for
condonation of delay.
3. Considering the aforesaid submissions of learned advocates for
the respective parties, the present applicants who are the claimants of
the same group of land reference cases, wherein in the cognate
matters, this Court, vide order dated 16.12.2024, has condoned the
delay of 4812 days, this Court is inclined to consider their prayer for
condonation of delay being similarly situated. Apt would be to
reproduce the relevant observations of this Court, which are as under:
"6. Having heard the learned advocates appearing for
the respective parties and applying the principles laid
down by the Hon'ble Supreme Court in the various
decisions as relied upon by the learned advocates
appearing for the respective parties, it can be noticed
that the Hon'ble Supreme Court right from the
decision in the case of Dhiraj Singh (supra) and in the
case of Imrat Lal (supra) which has later been
affirmed by the Hon'ble Supreme Court in the case of
Ningappa Thotappa Angadi (supra) which is Three
Judges Bench Judgment has consistently opined that
where the parties are identically situated and in one
set of appeals, they are found to be entitled to
enhanced amount of compensation then their can be
no reason to give a different treatment to the
NEUTRAL CITATION
C/CA/67/2025 ORDER DATED: 25/04/2025
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applicants who approached belatedly. So far as the
reliance placed by the learned Assistant Government
Pleader on the Judgment of the Hon'ble Supreme
Court in the case of Ningappa Thotappa Angadi
(supra) does not refer to the Three Judges Bench
Judgment as relied upon by the learned advocate for
the applicant. At the same time, the courts have
opined that the equity can be balanced by denying
interest for the period for which they did not
approached this court. The broad principle which
appealed to the Hon'ble Supreme Court is that the
substantive rights of the affected land owners should
not be allowed to be defeated on the technical
grounds of taking hyper technical view of self-
imposed limitations. The court has therefore held
that in the matter of compensation for land
acquisition, the approach of the court has to be
pragmatic and not pandemic.
7. Applying the aforesaid principles in the facts of the
case where the similarly situated land owners have
successfully established their entitlement to the
enhanced amount of compensation, the present
applicants being similarly situated cannot be
deprived of their right to seek enhanced amount of
compensation on the technical ground of delay.
Hence the equities in the facts of the case is balanced
by directing the claimants to be not entitled to the
interest on enhanced amount of compensation, if
any, for the interregnum period of delay i.e. from the
date of the impugned judgment and award till the
date of the filing of the present appeal.
8. With these conditions, the present application
seeking condonation of delay of 4812 days caused in
preferring the captioned appeal is hereby condoned.
Civil Application stands allowed to the aforesaid
extent. Rule is made absolute."
NEUTRAL CITATION
C/CA/67/2025 ORDER DATED: 25/04/2025
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4. In light of the aforesaid decision having not been challenged
and the applicants being forming part of the same group of land
reference cases, the delay of 4023/4739 days caused in the preferring
the captioned appeals, is hereby condoned.
5. Needless to clarify that the applicants-original claimants shall
not be entitled to the interest on the enhancement amount of
compensation for the interregnum period i.e. from the date of
pronouncement of the impugned judgment and award till the date of
filing of the present appeal.
6. With these observations, present civil applications are allowed.
Rule is made absolute to the aforesaid extent.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
