Gujarat High Court
Patel Prahladbhai Kacharabhai Since ... vs Special Land Acquisition Officer on 10 November, 2025
NEUTRAL CITATION
C/CA/3248/2025 ORDER DATED: 10/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3248 of
2025
In F/FIRST APPEAL NO. 20183 of 2024
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PATEL PRAHLADBHAI KACHARABHAI SINCE DECD. THROUGH LHS &
ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5
BHAVESH DESAI AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 10/11/2025
ORAL ORDER
1. Rule. Learned AGP Mr. Desai waives service of notice of rule
on behalf of the respondent No.1.
2. Learned advocate Mr. Prajapati for the applicants submits
that for the same acquisition proceedings, first appeals have
been filed and the delay has been condoned by this Court.
Learned advocate Mr. Prajapati submits that for the adjacent
villages, namely, Mandotri, Runi and Hajipur, the compensation of
Rs.150/- per Sq. Mtr. was awarded; however, the present
applicant has been awarded additional compensation of Rs.44/-
per Sq. Mtr. in addition to the Rs.9.20 paise per Sq. Mtr. Learned
advocate Mr. Prajapati submits that the applicants belong to the
poor family and are illiterate persons and only on getting
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C/CA/3248/2025 ORDER DATED: 10/11/2025
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knowledge with regard to the other first appeals which were
filed, wherein the delay has been condoned. The present appeal
is filed with condonation of delay of 4023 days. Learned advocate
Mr. Prajapati submits that the claimants shall not press for
interest for the said period of delay.
3. Per contra, learned AGP Mr. Desai for the respondent No.1
has opposed the application for condonation of delay.
4. This Court has referred to the decision rendered by the
Hon'ble Apex Court in the case of Suresh Kumar V/s. State of
Haryana and Others reported in 2025 SCC Online SC 896,
wherein the Hon'ble Apex Court has held that even though there
was long delay in filing the appeals, it was a case of compulsory
acquisition and there had been a difference in the amount of
compensation granted to some land losers vis-a-vis others.
Relying on the decision rendered by the Hon'ble Apex Court in
the case of Market Committee Hodal V/s. Krishan Murari,
reported in 1996 (1) SC 311, wherein delay of 3240 days arising
from the same acquisition had been condoned. The Hon'ble Apex
Court has also relied on the decision rendered in the case of
Huchanagouda V/s. Assistant Commissioner and Land
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C/CA/3248/2025 ORDER DATED: 10/11/2025
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Acquisition Officer, reported in 2020 (19) SCC 236, wherein the
Court had taken into account the poverty and illiteracy of the
land loser and condoned the delay of more than 2,000 days.
While condoning the delay, the Hon'ble Apex Court had observed
that equities had to be balanced by ensuring that the
determination of market value relates back to the preliminary
notification - making sure that there is no prejudice to the
acquiring authorities, as also no undue advantage to the land
loser. It is observed by the Hon'ble Apex Court that the
appellants who approached the Court with delay, would not be
granted interest for such period.
5. Having considered the explanation offered and the
submissions made in the above paragraph No.2, this Court is of
the considered view that the application requires to be allowed
and the delay is required to be condoned. In that background, the
application is allowed. Rule is made absolute.
6. It is needless to clarify that the applicants-original
claimants shall not be entitled to the interest in event of the
enhancement amount of compensation, if any, for the
interregnum period i.e. from the date of pronouncement of the
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C/CA/3248/2025 ORDER DATED: 10/11/2025
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impugned judgment and award till the date of filing of the
present appeal.
7. Copy of this order shall be placed in the docket of the first
appeal.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
