Gujarat High Court
Patel Kankuben Jevtabhai vs Deputy Collector on 17 February, 2025
NEUTRAL CITATION
C/CA/961/2025 ORDER DATED: 17/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO.
961 of 2025
In
F/FIRST APPEAL NO. 34189 of 2024
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PATEL KANKUBEN JEVTABHAI & ORS.
Versus
DEPUTY COLLECTOR
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Appearance:
MR JINESH H KAPADIA(5601) for the Applicant Nos. 1,2,3
MR. SHIVAM DIXIT, AGP for the Respondent
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 17/02/2025
ORAL ORDER
1. Leave to amend granted. The same shall be
carried-out forthwith.
2. Rule returnable forthwith. Mr. Dixit, learned AGP on
advance copy waives service of notice of rule on behalf of the
respondent - State.
3. The present application is filed by the heirs and legal
representatives of the deceased claimant of LAR no.58 of
2010 seeking leave of this Court to challenge the impugned
judgment and award dated 15th June, 2017 passed by the
learned Principal Senior Civil Judge, Deesa in the aforesaid
land reference case under Section 18 of the Land Acquisition
Act, being aggrieved and dissatisfied with the additional
NEUTRAL CITATION
C/CA/961/2025 ORDER DATED: 17/02/2025
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amount of compensation being awarded at lower side.
4. Mr. Kapadia, learned advocate for the applicants has
submitted that the original claimant viz. Jevtabhai @ Joitabhai
Ramabhai had expired on 13 th November, 2021 and whereas,
the impugned judgment and award was pronounced on 14 th
June, 2017. Since the heirs and legal representatives of the
deceased claimant are aggrieved by the amount of
compensation being determined at the lower side, seek to
challenge the impugned award.
4.1 He had further submitted that in view of Rule-51 of the
Gujarat High Court Rules, 1993, the appropriate permission is
required to be obtained. Hence, present application is
preferred. The learned advocate had also submitted that
since the leave to appeal has been preferred, no separate
application for delay condonation will be required in view of
the judgment of Division Bench of this Court.
4.2. Lastly, the learned advocate had also placed on record
case status details of First Appeal no.5116 of 2023 to contend
that against the common impugned judgment and award
passed by the reference Court in cognate land reference case,
the claimants have approached in appeal, which is admitted
and pending consideration. He has therefore urged this Court
to grant leave.
5. Mr. Shivam Dixit, learned AGP has appeared on advance
copy on behalf of the respondent - State.
NEUTRAL CITATION
C/CA/961/2025 ORDER DATED: 17/02/2025
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6. Considering the submissions made by the learned
advocate for the applicant and having perused the relevant
documents forming part of the record, noticing the fact that
against the impugned judgment and award, the appeals
preferred by the similarly situated claimants are
admitted and pending consideration, the present applicants
being heirs and legal representatives of the deceased -
original claimant are permitted to pursue the present
proceedings. Hence, the present application seeking leave to
appeal stands allowed. Rule made absolute to the
aforesaid extent.
(NISHA M. THAKORE, J.)
AMAR RATHOD...
