Gujarat High Court
Deputy Collector Land Acquistion ... vs Bhimsing Kalabhai Baria on 17 July, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/1694/2019 ORDER DATED: 17/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1694 of
2019
In F/FIRST APPEAL NO. 5520 of 2019
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DEPUTY COLLECTOR LAND ACQUISTION OFFICER & ORS.
Versus
BHIMSING KALABHAI BARIA & ORS.
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Appearance:
MR SHIVAM PARIKH, AGP for the Applicant(s) No. 1,2,3
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 4
MR SUNIL S JOSHI(2925) for the Respondent(s) No. 1,2,5
RULE SERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 17/07/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. By this application, the applicants have prayed for
condoning the delay of 477 days caused in preferring the
captioned first appeal.
2. Mr.Shivam Parikh, learned Assistant Government Pleader
for the applicants, at the outset states that the captioned
appeal is arising out of Land Acquisition Reference Case no.
442 of 2008. This Court vide order dated 07.08.2019
condoned the delay caused in preferring the first appeal
arising out of Land Acquisition Reference Case no. 441 of
2007. Request is made to pass similar order.
3. As per the endorsement, the respondents are duly served.
4. This Court vide order dated 07.08.2019 passed in R/ Civil
Application No. 1693 of 2019 in F/First Appeal No. 5519 of
NEUTRAL CITATION
C/CA/1694/2019 ORDER DATED: 17/07/2025
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2019 arising out of Land Acquisition Reference Case no 441 of
2008 has passed the following order:
" 1. The present Application is filed by the Applicant under
Section 5 of the Limitation Act for condonation of delay of 477 days
occurred in preferring the First Appeal.
2. Heard learned Advocate Mr. J.K.Shah for the Applicant - State of
Gujarat.
3. The Applicant has stated the grounds in the Application more
particularly in paragraphs 2 to 5 of the Application for delay caused
in preferring the First Appeal.
4. The Opponent has not filed any form of reply in affidavit against
the contents of the application which is supported by affidavit
5. The Hon'ble Apex Court has laid down the broad guidelines with
regard to the approach in such matters of condonation of delay.
5.1 The Hon'ble Apex Court in a judgment reported in (2010) 5 SCC
459 in case of Oriental Aroma Chemical Industries Ltd. v. Gujarat
Industrial Development Corporation & Anr., wherein it has been
observed:
".....the courts are bestowed with the power to condone the
delay, if sufficient cause is shown. .......................... The
expression'sufficient cause' is elastic enough to enable the
courts to apply the law in a meaningful manner which
subserves the ends of justice. Although, no hard and fast rule
can be laid down in dealing with th applications for
condonation of delay, this Court has justifiably advocated
adoption of a liberal approach in condoning the delay of short
duration and a stricter approach where the delay is inordinate.
..."
5.2 The Hon'ble Apex Court in a judgment reported in AIR 2010 SC
3043 in case of Balvant Singh (Dead) v. Jagdish Singh & Ors., has
also considered the sufficient cause with the observation that it
should be elastic enough to allow the party to have the recourse
before the higher forum.
6. Considering the facts and circumstances and the averments made
in the Application and also the grounds mentioned in the
Application, the applicant has satisfied to this Court that he has
sufficient cause for not preferring the Appeal within prescribed time
limit. Therefore, the present Application deserves to be allowed.
7. Hence, the present Application is allowed. Delay of 477 days
caused in preferring the First Appeal is condoned.
Rule is made absolute."
NEUTRAL CITATION
C/CA/1694/2019 ORDER DATED: 17/07/2025
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5. Having regard to the averments made in the application so
also, the above order, this Court, is of the opinion that delay of
477 days caused in filing the captioned appeal deserves to be
condoned and is hereby condoned.
6. Civil application succeeds and is accordingly allowed. Rule
is made absolute. No order as to costs.
(SANGEETA K. VISHEN,J)
(MOOL CHAND TYAGI, J)
SINDHU NAIR
