[Cites 1, Cited by 0]
Gujarat High Court
Lh Of Decd Ajabjai @Arjanbhai vs State Of Gujarat on 1 December, 2025
NEUTRAL CITATION
C/CA/5574/2025 ORDER DATED: 01/12/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5574 of
2025
In F/FIRST APPEAL NO. 13699 of 2025
==========================================================
LH OF DECD AJABJAI @ARJANBHAI & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Applicant(s) No. 1.3
MR NITIN M AMIN(126) for the Applicant(s) No.
1,1.1,1.2,1.3.1,1.3.2,1.3.3,1.3.4,1.3.5,1.3.6,1.4,1.5,1.6
MR SANJAY M AMIN(130) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
BHAVESH DESAI AGP for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 01/12/2025
ORAL ORDER
1. Rule returnable forthwith. Learned AGP Mr. Desai waives
service of notice of Rule on behalf of respondents.
2. This application is filed under Section 5 of the Limitation
Act for condonation of delay of 2378 days occurred in filing the
captioned first appeal
3. Learned advocate Mr. Nitin Amin for the applicants submits
that an identically situated claimant, whose lands were also
acquired by the acquiring body for the same purpose, has been
awarded at the rate of Rs.65/- per sq. mtr. by the Land Court at
NEUTRAL CITATION
C/CA/5574/2025 ORDER DATED: 01/12/2025
undefined
Botad. Learned advocate Mr. Nitin Amin submits that due to
bifurcation, the present proceedings were adjudicated by the
learned Court at Bhavnagar, wherein the market value was
determined at the rate of Rs.6/- per sq. mtr. for jirayat and
Rs.10/- per sq. mtr. for irrigated land, which is subject matter of
challenge before this Court. Learned advocate Mr. Nitin Amin
submits that the learned Reference Court has delivered the
judgment on 20.07.2018 and the respondent has deposited the
amount of compensation in the month of November 2024 i.e.
after the period of 6 years and 4 months. Learned advocate Mr.
Nitin Amin submits that the applicants were dispossessed from
the land more than 30 years and on receiving the amount of
compensation as well as on getting the information with regard
to the other awards referred to hereinabove, the present appeal
came to be filed. Learned advocate Mr. Nitin Amin further would
not claim the interest for the interregnum period, i.e., from the
date of the award till the date of filing the application and
therefore, he prays that this application may be allowed.
4. Per contra, learned AGP Mr. Desai has opposed the
application for condonation of delay.
NEUTRAL CITATION
C/CA/5574/2025 ORDER DATED: 01/12/2025
undefined
5. This Court has referred to the decision rendered by the
Hon'ble Apex Court in the case of Suresh Kumar V/s. State of
Haryana and Others reported in 2025 SCC Online SC 896,
wherein the Hon'ble Apex Court has held that even though there
was long delay in filing the appeals, it was a case of compulsory
acquisition and there had been a difference in the amount of
compensation granted to some land losers vis-a-vis others. This
Court has also referred to the decision rendered by the Hon'ble
Apex Court in the case of Market Committee Hodal V/s. Krishan
Murari, reported in 1996 (1) SC 311, wherein delay of 3240 days
arising from the same acquisition had been condoned. This Court
has also referred to the decision rendered by the Hon'ble Apex
Court in the case of Huchanagouda V/s. Assistant Commissioner
and Land Acquisition Officer, reported in 2020 (19) SCC 236,
wherein the Court had taken into account the poverty and
illiteracy of the land loser and condoned the delay of more than
2,000 days. While condoning the delay, the Hon'ble Apex Court
had observed that equities had to be balanced by ensuring that
the determination of market value relates back to the
preliminary notification - making sure that there is no prejudice
to the acquiring authorities, as also no undue advantage to the
NEUTRAL CITATION
C/CA/5574/2025 ORDER DATED: 01/12/2025
undefined
land loser.
5.1 It is observed by the Hon'ble Apex Court that the
appellants who approached the Court with delay, would not be
granted interest for such period. Having considered the
explanation offered in the application and the submissions made
in the above paragraph No.3, this Court is of the considered view
that the application requires to be allowed and the delay is
required to be condoned. In that background, the application is
allowed.
6. It is needless to clarify that the applicants-original
claimants shall not be entitled to the interest in event of the
enhancement amount of compensation, if any, 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.
7. Copy of this order shall be placed in the docket of the first
appeal. Rule is made absolute.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
