Patel Meghaji Pabaji vs Land Acquisition And Rehabilitation ...
2025 Latest Caselaw 7639 Guj

Gujarat High Court

Patel Meghaji Pabaji vs Land Acquisition And Rehabilitation ... on 3 November, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                         NEUTRAL CITATION




                              C/CA/5056/2025                           ORDER DATED: 03/11/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5056 of
                                                      2025
                                      In R/CROSS OBJECTION NO. 192 of 2025
                                                      With
                                        R/CROSS OBJECTION NO. 192 of 2025
                                                        In
                                          R/FIRST APPEAL NO. 4900 of 2023
                       ===============================================================
                                          PATEL MEGHAJI PABAJI & ORS.
                                                     Versus
                               LAND ACQUISITION AND REHABILITATION OFFICER & ANR.
                       ===============================================================
                       Appearance:
                       MR JINESH H KAPADIA(5601) for the Applicant(s) No.
                       1,2,3,3.1,3.2,3.2.1,3.2.2,3.2.3,4
                       MR MAHESH P PATEL(3381) for the Applicant(s) No.
                       1,2,3,3.1,3.2,3.2.1,3.2.2,3.2.3,4
                       MR. SHIVAM DIXIT, AGP, for the Respondent(s) No. 1,2
                       ===============================================================
                         CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                               and
                               HONOURABLE MR.JUSTICE J. L. ODEDRA

                                              Date : 03/11/2025
                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

ORDER IN CIVIL APPLICATION:-

1. This application is filed by the applicants for

condonation of delay of 534 days in presenting the Cross

Objection in the appeal pending. First Appeal No.4900 of

2023 is preferred by the State Government against the

judgment and award dated 29.09.2017 rendered by the

Additional Senior Civil Judge, Deesa in LAR No.19 of

NEUTRAL CITATION

C/CA/5056/2025 ORDER DATED: 03/11/2025

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2005 to LAR No.22 of 2005. The appeal was preferred by

the State Government with delay, which came to be

condoned and later on by an order dated 08.12.2023, the

appeal stood admitted.

2. Learned advocate for the applicants has particularly

drawn attention of this Court to the pleadings in the

application, where in para-4, it is submitted that based on

the decision of the Hon'ble Supreme Court reported in

(2014) 14 SCC 127, principle of letting of the interest on

delayed action by the claimant was adopted and

therefore, in the present case also, learned advocate for

the applicants herein waives any claim over the interest

for the delayed period if the cross objection is be allowed.

3. Learned AGP has objected to the grant of the

application however, considering the fact that the matter

arises out of the land acquisition proceedings, where

lands of the applicants were acquired and the appeal

preferred by the State is already filed and pending for

final hearing, delay is required to be condoned.

NEUTRAL CITATION

C/CA/5056/2025 ORDER DATED: 03/11/2025

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4. In view of the aforesaid, the application is allowed.

The delay of 534 days caused in preferring the Cross

Objection is hereby condoned.

ORDER IN CROSS OBJECTION:-

Admit. To be heard with alongwith the First Appeal.

(A.Y. KOGJE, J)

(J. L. ODEDRA, J) SIDDHARTH