Suthar Ukabhai Bhikhabhai Thro Lh vs Deputy Collector, Land Acquisition And ...
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Gujarat High Court

Suthar Ukabhai Bhikhabhai Thro Lh vs Deputy Collector, Land Acquisition And ... on 1 May, 2025

                                                                                                               NEUTRAL CITATION




                             C/CA/1087/2025                                    ORDER DATED: 01/05/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1087 of
                                                      2025

                                          In F/CROSS OBJECTION NO. 7830 of 2023

                                                             With
                                              R/CIVIL APPLICATION NO. 1094 of 2025
                                                               In
                                              F/CROSS OBJECTION NO. 7822 of 2023
                      ==========================================================
                                 SUTHAR UKABHAI BHIKHABHAI THRO LH & ORS.
                                                  Versus
                      DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION OFFICER &
                                                  ANR.
                      ==========================================================
                      Appearance:
                      MR. JAY SHAH FOR MR JINESH H KAPADIA(5601) for the Applicant(s) No.
                      1,1.1,1.2,1.3,1.4,1.5
                      MR. SHIVAM DIXIT, AGP for the Respondent(s) No. 1,2 IN CIVIL
                      APPLICATION NO.1087 OF 2025
                      MR. MANOHAR RAHEVAR, AGP for the Respondent(s) No. 1,2 IN CIVIL
                      APPLICATION NO.1094 OF 2025
                      ==========================================================

                           CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                         Date : 01/05/2025

                                                     COMMON ORAL ORDER

1. Issue Rule, returnable forthwith. Learned AGP waives service of notice of rule for and on behalf of respondents-State Authorities.

2. Learned advocate Mr. Jay Shah has appeared on behalf of Mr. Jinesh H. Kapadia, learned advocate on record for the applicants, and has placed on record the order dated 28.04.2025 passed by this Court in R/Civil Application (For Condonation of Delay) No.632 of 2025 in R/ Cross Objection No.63 of 2025 in R/First Appeal No.1248 of 2021, whereby in the matter arising out of the similar acquisition pertaining

NEUTRAL CITATION

C/CA/1087/2025 ORDER DATED: 01/05/2025

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to the same project in case of different villages, the Court has condoned the delay of 348 days caused in preferring the Cross- Objection. He has, therefore, urged this Court to condone the delay caused in preferring the Cross-Objection.

3. Learned Assistant Government Pleaders have appeared on behalf of respondents-State Authorities, and have objected to the present applications.

4. Having heard the learned advocates for the respective parties and considering the averments made in the application as well as the order dated 28.04.2025 passed in Civil Application (For Condonation of Delay) in similar set of facts, this Court is inclined to exercise its discretion, noticing the fact that the applicants, who are small scale farmers and have lost their valuable piece of agricultural lands in acquisition and the appeals at the instance of the State being admitted, wherein the very impugned judgment and award is pending consideration. The opportunity to the applicants, who are the affected land owners to seek enhancement of amount of compensation, may not be taken away at the threshold on the technical issue of delay. Hence, the delay of 342/348 days caused in preferring the Cross- Objection is hereby condoned. The present civil applications stand allowed. Rule is made absolute.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA