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Gujarat High Court
Special Land Acquisition Officer vs Popatbhai Kalyanbhai on 11 December, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/3212/2025 ORDER DATED: 11/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3212 of
2025
In F/FIRST APPEAL NO. 16583 of 2025
With
R/CIVIL APPLICATION NO. 3222 of 2025
In
F/FIRST APPEAL NO. 16588 of 2025
With
R/CIVIL APPLICATION NO. 3241 of 2025
In
F/FIRST APPEAL NO. 16589 of 2025
With
R/CIVIL APPLICATION NO. 3250 of 2025
In
F/FIRST APPEAL NO. 16587 of 2025
With
R/CIVIL APPLICATION NO. 3262 of 2025
In
F/FIRST APPEAL NO. 16581 of 2025
With
R/CIVIL APPLICATION NO. 3279 of 2025
In
F/FIRST APPEAL NO. 16590 of 2025
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SPECIAL LAND ACQUISITION OFFICER & ANR.
Versus
POPATBHAI KALYANBHAI
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Appearance:
MR SHIVAM DIXIT with MS POOJA CHOUDHARY AGP for the
Applicant(s) No. 1,2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 11/12/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
NEUTRAL CITATION
C/CA/3212/2025 ORDER DATED: 11/12/2025
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1. These applications are filed for condoning delay of 764
days in preferring the First Appeals against the judgment
and award dated 06.01.2023 passed by the learned
Principal Senior Civil Judge, Ahmedabad (Rural), Mirzapur
in Land Acquisition Reference No.214 of 2008, 215 of 2008
to 223 of 2008. In all, 10 applications are appearing today
on board, however, in 4 applications i.e., in R/Civil
Application No.3221 of 2025 in F/First Appeal No.16585 of
2025, R/Civil Application No.3242 of 2025 in F/First
Appeal No.16586 of 2025 R/Civil Application No.3243 of
2025 in F/First Appeal No.16582 of 2025 and R/Civil
Application No.3249 of 2025 in F/First Appeal No.16584 of
2025, Rule issued by this Court vide Order dated
01.07.2025 is yet to be served upon the claimants who
were reportedly expired. However, in rest of the matters,
though the claimants have been served, none has filed
appearance.
2. Learned AGP for the State has drawn attention of this
Court to the averments made in Para-9 and 10 giving out
the reasons for the delay of 764 days. Along with the
application, an affidavit of concerned Special Land
Acquisition Officer and Deputy Collector, Narmada Project
NEUTRAL CITATION
C/CA/3212/2025 ORDER DATED: 11/12/2025
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is filed explaining the day to day delay which has occurred
in preferring the appeal. The averment thus made in the
affidavit in support has remained uncontroverted and
therefore, needs to be accepted.
3. The Court, having considered the averments made in the
application as well as the additional affidavit on behalf of
the State, finds sufficient reasons wherein the delay of 764
days have been explained appropriately, and therefore,
deserves to be accepted and delay is required to be
condoned. Accordingly, delay of 764 days in preferring the
appeal is hereby condoned.
4. Registry to list the appeal as well as Civil Application for
Stay for hearing on 06.01.2026. In the meantime, R&P of
the concerning impugned judgment and award be called
for from the Court of learned Senior Civil Judge,
Ahmedabad (Rural), so as to reach this Court on or before
01.01.2026.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
JIGAR J RABARI
