Gujarat High Court
Thakor Babiben Ganaji Died vs Special Land Acquisition Officer on 28 April, 2025
NEUTRAL CITATION
C/CA/6026/2024 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6026 of
2024
In F/FIRST APPEAL NO. 31354 of 2024
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THAKOR BABIBEN GANAJI DIED & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No.
1,2,2.2.1,2.2.2,2.2.3,2.2.4,2.4,2.5,2.6,2.7,2.8,3,4,5,6,7,8,9
MR. SHIVAM DIXIT, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 28/04/2025
ORAL ORDER
1. Heard Mr. A.V. Prajapati, learned advocate for the applicants
and Mr. Shivam Dixit, learned AGP for the respondents - State
authorities.
2. Rule returnable forthwith. Mr. Dixit, learned AGP waives service
of notice of rule on behalf of the respondents - State Authorities.
3. The present application is filed seeking condonation of delay of
2038 days caused in preferring the captioned appeal.
4. The applicants - original claimants are aggrieved and
dissatisfied with the impugned judgment and award dated 17 th
December, 2018 passed by the Reference Court in a group of land
reference cases whereby the amount of additional compensation in
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C/CA/6026/2024 ORDER DATED: 28/04/2025
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reference under Section 18 came to be decided on lower side.
5. The learned advocate for the applicants had invited my
attention to the averments made in the application as well as
affidavit-in-reply dated 27.01.2025. The applicants were expecting the
deposit of the awarded amount, however, it was learnt that the State
has moved in appeal before this Court. It was only after the order
dated 18th December, 2020 passed by this Court in Civil Application
(for stay) no. 1 of 2020 in First Appeal no.2563 of 2020 and allied
matters that 50% of the awarded amount was permitted to be
disbursed among the claimants and the rest of the 50% was directed
to be invested in the FDRs. The appeals preferred by the State were
admitted at that stage. The applicants were advised to move for cross-
objections. It is further submitted that though the heirs were brought
on record, there was internal dispute between the claimants and the
amount though deposited, could not be withdrawn and is still lying
with the Nazir of the reference Court.
6. Learned advocate by referring to the aforesaid facts has
submitted that in the process, the delay had crept in preferring the
appeal. The applicants being poor and illiterate persons were not
aware about the provisions of law and it is only when in the month of
June, 2024, the claimants became aware about the amount of
compensation being enhanced in the case of adjacent village - Hedua,
Rajgadh, the claimants have approached by way of captioned appeal.
The reliance was placed on the decision of Hon'ble Supreme Court in
case of K. Subbaraydu & Ors. Vs. Special Deputy Collector (Land
Acquisition) reported in 2017 (12) SCC 840. It was submitted that the
Hon'ble Court has condoned the huge delay of 3671 by striking the
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C/CA/6026/2024 ORDER DATED: 28/04/2025
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balance for the delay, which has been caused with a rider that the
claimants shall not be entitled to the interest during the interregnum
period of delay. Learned advocate for the applicants had therefore
submitted that the applicants are ready and willing to forego their
right to interest qua the delayed period and has urged this Court to
take liberal view and condone the delay.
7. Mr. Dixit, learned AGP appearing for the respondent - State
authority has vehemently objected to the aforesaid submissions made
by the learned advocate for the applicants and has submitted that no
sufficient cause has been made-out to consider their case for
condonation of delay. Though the learned AGP was unable to dispute
the fact that the appeals preferred by the State have been admitted,
wherein the same impugned judgment and award is pending
consideration. Learned AGP was unable to dispute the fact with
regard to the orders passed by the co-ordinate Bench in case of
adjacent village Hedua - Rajgar.
8. Considering the submissions made by the learned advocates for
the respective parties and having perused the averments made in the
application in light of the judgment of the Hon'be Supreme Court in
case of K. Subbaraydu & Ors. (Supra), in the opinion of this Court, the
present application deserves consideration. The balance can be strike
down with a direction to the claimants being not entitled to the
interest qua the interregnum period of delay. Noticing the fact that
the same impugned judgment and award is pending consideration in
an appeal preferred by the State, the balance is strike down by
condoning the delay with a rider that the applicants shall not be
entitled to the interest during the interregnum period of date of
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impugned judgment and award and the filing of the captioned
application in the appeal. Hence, the delay caused in preferring the
appeal is hereby condoned. Rule made absolute.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
