Gujarat High Court
Lh Of Decd Of Ladha Mulji And Laxmanbhai ... vs State Of Gujarat on 21 January, 2025
NEUTRAL CITATION
C/CA/4975/2024 ORDER DATED: 21/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
NO. 4975 of 2024
In
F/FIRST APPEAL NO. 22067 of 2024
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LH OF DECD OF LADHA MULJI AND LAXMANBHAI
LADHABHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ANKIT SHAH(6371) for the Applicant Nos.1,1.1,1.10,1.10.1,
1.10.2,1.10.3,1.11,1.12,1.12.1,1.12.2,1.12.3,1.12.4,1.13,1.2,1.3,1.4,1.5,1.6,1.
7,1.8,1.9
ADVANCE COPY SERVED TO GP for the Respondent No. 1
MR. SHIVAM DIXIT, AGP for the Respondent no.1
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 21/01/2025
ORAL ORDER
1. Heard Mr. Shah, learned advocate for the applicants -
original claimants and Mr. Dixit, learned AGP on advance
copy on behalf of the respondent - State authorities.
2. At the out-set, learned advocate for the applicants has
placed reliance upon the order dated 8 th October, 2024 passed
by the co-ordinate bench on application seeking condonation
of delay caused in preferring the appeals against the same
impugned judgment and award under challenge in the present
appeal.
NEUTRAL CITATION
C/CA/4975/2024 ORDER DATED: 21/01/2025
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3. By referring to the aforesaid order, learned advocate for
the applicants has submitted that the co-ordinate bench has
after taking into considering the averments made in the
application and the submissions made by the learned
advocates for the parties has allowed the application seeking
condonation of delay of similar number of days by accepting
the case of the applicants as sufficient cause being made-out
for condonation of delay.
4. Mr. Dixit, learned AGP for the respondent - State
authorities has pointed-out that in fact, it was on condition
that the claimants shall not be entitled to claim the interest
for belated period i.e. from the date of judgment of reference
Court till the filing of the first appeals, he had therefore urged
to pass appropriate orders with the aforesaid rider.
5. Considering the submissions made by the learned
advocates for the respective parties and having perused the
order dated 8th October, 2024 passed by the co-ordinate
Bench in Civil Application no.1509 of 2023 in F/First Appeal
no.29035 of 2023 and allied matters, it transpires that against
the same impugned judgment and award proposed to be
challenged in this appeal, the co-ordinate Bench has condoned
the delay. However, noticing the huge number of days of
delay, the Court has condoned the delay on condition that the
original claimants are not entitled to the interest during the
interregnum period of delay in approaching this Court in
appeal.
NEUTRAL CITATION
C/CA/4975/2024 ORDER DATED: 21/01/2025
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6. Considering the above aspect, the present application,
where the original claimants, who being the affected land
owners whose lands have been acquired, intends to challenge
the very same impugned judgment and award are seeking
enhancement of the amount of compensation, deserves
consideration. To strike down the balance, the application
seeking condonation of delay caused in preferring the appeal
is hereby allowed on a condition that the applicants shall not
be entitled to the interest during the interregnum period of
delay in case if the appeal for enhancement of compensation
is allowed. Civil Application stands allowed on the aforesaid
terms.
(NISHA M. THAKORE, J.)
AMAR RATHOD...
