Gujarat High Court
Dudhiben D/O Nathabhai Movaliya W/O ... vs Deputy Collector And Prant Officer, ... on 14 November, 2025
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C/CA/5136/2025 ORDER DATED: 14/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5136 of
2025
In R/FIRST APPEAL NO. 4119 of 2025
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DUDHIBEN D/O NATHABHAI MOVALIYA W/O GOPALBHAI CHIKHALIYA &
ORS.
Versus
DEPUTY COLLECTOR AND PRANT OFFICER, SPECIAL LAND
ACQUISITION OFFICER & ANR.
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4,5,6,7
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5,6,7
MR.RAHUL DAVE, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 14/11/2025
ORAL ORDER
1. Rule. Learned AGP Mr. Rahul Dave waives service of
notice of rule on behalf of the respondent No.1.
2. Learned Advocate Mr. Tejas Satta submits that the
applicants have been subjected to injustice by virtue of
the judgment and decree rendered in the Land
Acquisition Reference Case. Consequently, the
applicants have preferred the present appeal before this
Court, thereby challenging the legality and validity of
the impugned order. Learned advocate Mr.Satta submits
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C/CA/5136/2025 ORDER DATED: 14/11/2025
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that the proceedings were being pursued by applicant
Nos. 1 and 3. Upon their demise, their legal heirs were
not aware of the pendency of the proceedings, and the
remaining applicants were also unaware of the ongoing
legal process, therefore, delay occurred in filing the first
appeal. The present appeal is filed for condonation of
delay of 2236 days. Learned advocate Mr. Tejas Satta
submits that the claimants shall not press for interest for
the said period of delay.
3. Per contra, learned AGP Mr. Rahul Dave has opposed
the application for condonation of delay.
4. This Court has referred to the decision rendered by the
Apex Court in the case of Suresh Kumar V/s. State of
Haryana and Others reported in 2025 SCC Online
SC 896, wherein the 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 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
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from the same acquisition had been condoned. The Apex
Court has also relied on the decision rendered in the
case of Huchanagouda V/s. Assistant Commissioner
and Land 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 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.
5. It is observed by the Apex Court that the appellants who
approached the Court with delay, would not be granted
interest for such period. 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.
6. Copy of this order shall be placed in the docket of the
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first appeal. Rule is made absolute.
(M. K. THAKKER,J)
NIVYA A. NAIR
