Gujarat High Court
Rabari Hirabhai Bhathibhai vs State Of Gujarat on 21 November, 2025
NEUTRAL CITATION
C/CA/4745/2025 ORDER DATED: 21/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4745 of
2025
In R/FIRST APPEAL NO. 4226 of 2025
With
R/CIVIL APPLICATION NO. 4746 of 2025
In
R/FIRST APPEAL NO. 4227 of 2025
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RABARI HIRABHAI BHATHIBHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR RAKESH R PATEL(3239) for the Applicant(s) No. 1,2,3
BHAVESH DESAI AGP for the Respondent(s) No. 1,2,3
MS ARCHANA R ACHARYA(2475) for the Respondent(s) No. 3
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 21/11/2025
COMMON ORAL ORDER
1. The present application has been filed for condonation of
delay of 966 days in filing the first appeal. The following grounds
are mentioned in the application, which are as under.
"2. The applicants submits that though the impugned
judgment and order was declared on 27/09/2022, the
payment of compensation has been deposited on
9/11/2023 by the state authorities and thereafter after
some procedure, the respondents started disbursement
to the claimants from the month of march 2024
onwards.
3. The applicants submits that for to file first appeal
before the Hon'ble Court for enhancement, the
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C/CA/4745/2025 ORDER DATED: 21/11/2025
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applicants were required to pay a court fees. However,
since the applicant is illiterate poor agriculturist and has
lost his land and as against that the learned special land
acquisition officer had granted only Rs.4.65 per sq.mt.
and therefore, due to not having sufficient amount for
court fees, the applicants had waited for his own
legitimate amount of compensation and therefore, there
is a delay. However as soon as enhance amount of
compensation has been paid, the applicants have
contacted the advocate and thereafter further procedure
was filed.
4. It is respectfully submitted that the reference filed
by the applicants were heard with other references of
the same acquisition case and notification and in fact all
the references were consolidated and have been
disposed off with common judgment and order.
Therefore, all the claimants had decided to file further
appeal for enhancement together with a view to save
expenses of litigation. However, since the main claimant
had expired during the pendency of the reference, Civil
Misc Application no. 7/2025 was filed by legal heirs of
respective deceased claimant, applicants herein to be
joined. Thereafter, above Civil Misc application was
allowed by an order dated 13/05/2025 by the learned
Principal Senior Civil Judge & Additional C.J.M.Judge,
Deodar. Subsequent to thereafter, certified copy of the
amended judgement and decree was applied on
2/06/2025 and the same was received by the applicant
on 2/06/2025.
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5. The applicant is illiterate agriculturist and
therefore due to insufficient knowledge/guidance and
not conversant with the intricacies of law could not
approached to the Honorable Court within limitation
period.
2. By submitting the same, learned advocate Mr. Patel
submitted that the delay caused in filing the appeal was due to
the circumstances which are beyond the control of the applicant
and therefore, it is prayed to allow the application. Learned
advocate Mr. Patel relied on the order passed by this Court in
identically situated cases, wherein this Court has condoned the
delay of 865 days and 921 days in the First Appeals which were
filed against the common judgment and order rendered in the
acquisition proceeding. Learned advocate Mr. Patel submits that
applicants would not claim the interest for the interregnum
period, i.e., from the date of the award till the date of filing the
application and therefore, he prays that this application may be
allowed.
3. The application is opposed by the learned advocate Ms.
Acharya for the respondent No.3 and submitted that no
explanation offered in the application and as per the decision by
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C/CA/4745/2025 ORDER DATED: 21/11/2025
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the Hon'ble Apex Court in the case of Shivamma (Dead) By Lrs
V/s. Karnataka Housing Board rendered in Civil Appeal
No.11794 of 2025, wherein it is held that in absence of sufficient
cause, delay should not be condoned, the learned Court would
not take a liberal view.
4. Having considered the submission made by the learned
advocates for the respective parties and referring to the reasons
mentioned in the application, more particularly with regard to
the disbursement of the awarded amount which was started
from 02.06.2025; thereafter, due to the death of the claimant
who expired during the pendency of the reference, an
application for bringing heirs came to be filed before the learned
Reference Court, being Civil Miscellaneous Application No.07 of
2025, which was allowed and the judgment and decree was
modified and due to the same reason, delay is caused.
4.1 On referring to the decision rendered by the Hon'ble Apex
Court, wherein it is stated that the lethargic approach can never
be termed "sufficient ground" for condonation of delay; in that
background, the Court has allowed the appeal challenging the
order passed by the High Court allowing the application for
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condonation of delay. In the opinion of this Court, the
explanation offered cannot be said to be a lethargic approach
and the same would be sufficient cause for condoning the delay
and in that scenario, the application deserves to be allowed.
5. Resultantly, the present applications are allowed.
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
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. Rule is made absolute.
ORDER IN R/FIRST APPEAL NO. 4226 and 4227 of 2025
ADMIT.
To be heard with First Appeal No.3917 of 2025.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
