Gujarat High Court
Mota Jitendrabhai Harirambhai Rajgor vs State Of Gujarat on 17 November, 2025
NEUTRAL CITATION
C/CA/4912/2025 ORDER DATED: 17/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4912 of
2025
In R/FIRST APPEAL NO. 4147 of 2025
With
R/FIRST APPEAL NO. 4147 of 2025
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MOTA JITENDRABHAI HARIRAMBHAI RAJGOR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1
MR. NARENDRASINH ZALA(14072) for the Applicant(s) No. 1
MR.BHAVESH DESAI, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 17/11/2025
ORAL ORDER
1. Rule returnable forthwith. Learned AGP Mr.Bhavesh
Desai waives service of notice of Rule on behalf of State.
2. Learned advocate Mr.Y.J.Patel submits that in the
identically situated case arising out of the same
acquisition proceedings, this Court has passed an order
on 19.06.2025 whereby all the appeals are admitted.
Learned advocate Mr.Y.J.Patel submits that the
claimants shall not press for interest for the said period
of delay.
NEUTRAL CITATION
C/CA/4912/2025 ORDER DATED: 17/11/2025
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3. Per contra, learned AGP Mr.Bhavesh Desai 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. This Court has also referred to 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. This Court has also referred to the decision
rendered by the Hon'ble Apex Court 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
NEUTRAL CITATION
C/CA/4912/2025 ORDER DATED: 17/11/2025
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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.
4.1. 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. 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.
5. 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 impugned judgment and award
till the date of filing of the present appeal.
6. Copy of this order shall be placed in the docket of the
first appeal. Rule is made absolute.
NEUTRAL CITATION
C/CA/4912/2025 ORDER DATED: 17/11/2025
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ORDER IN R/FIRST APPEAL NO. 4147 of 2025.
In view of above statement made by learned advocate
Mr.Patel that other connected appeals are admitted by this
Court, present appeal is also admitted.
To be heard with First Appeal No.1308 of 2025.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
