Gujarat High Court
Patel Kalabhai Sagrambhai vs Land Acquisition And Rehabilitation ... on 4 November, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/5091/2025 ORDER DATED: 04/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5091 of
2025
In F/CROSS OBJECTION NO. 26177 of 2025
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PATEL KALABHAI SAGRAMBHAI
Versus
LAND ACQUISITION AND REHABILITATION OFFICER & ANR.
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Appearance:
MR JINESH H KAPADIA(5601) for the Applicant(s) No. 1
MS. SWEETY SAMARA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 04/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. Rule returnable forthwith. Learned AGP waives service of
notice of rule on behalf of the respondent Nos.1 and 2.
2. This application is filed by the applicant under Section 5 of
the Limitation Act for condoning the delay of 1258 days in filing
the present Cross Objection with regard to judgment and award
dated 15-09-2018 passed by learned Principal Senior Civil Judge,
Deodar in Land Acquisition Reference Case No.4 of 2018 to Land
Acquisition Reference Case No.6 of 2018, which is subject matter of
challenge in First Appeal No.294 of 2022.
NEUTRAL CITATION
C/CA/5091/2025 ORDER DATED: 04/11/2025
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3. Learned Advocate for the applicant has taken this Court
through averments made in the application particularly in Para-3
and Para-4 referring to his financial condition and inability to
consult Advocate and understand consequences, because of which,
the delay has occurred.
4. Learned Advocate for the applicant has specifically drawn
attention of this Court to averments made in Para-7 of application,
which the applicant has waived the statutory interest for the delay
period, so that prejudice is not caused to the State or the Acquiring
Body with regard to such delay.
5. Considering the fact that First Appeal has been admitted by
order dated 03-02-2022 and First Appeal is still pending for final
disposal, the Court deems it fit to condone the delay of 1258 days
in filing the present Cross Objection with regard to judgment and
award dated 15-09-2018 passed by learned Principal Senior Civil
Judge, Deodar in Land Acquisition Reference Case No.4 of 2018 to
Land Acquisition Reference Case No.6 of 2018 and also admit the
Cross Objection.
6. In view of the aforesaid, the application is allowed. Rule is
made absolute to the aforesaid extent. The delay of 1258 days in
filing the present Cross Objection with regard to judgment and
award dated 15-09-2018 passed by learned Principal Senior Civil
NEUTRAL CITATION
C/CA/5091/2025 ORDER DATED: 04/11/2025
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Judge, Deodar in Land Acquisition Reference Case No.4 of 2018 to
Land Acquisition Reference Case No.6 of 2018 is hereby condoned
and admitted the Cross Objection.
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ORDER IN F/CROSS OBJECTION NO. 26177 of 2025
The Cross Objection is admitted. The Cross Objection is ordered
to be heard with main Appeal today i.e. on 04-11-2025.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
PARESH SOMPURA
