Gujarat High Court
Prabhaben Vallabhbhai vs Special Land Acquisition Officer on 21 November, 2025
NEUTRAL CITATION
C/CA/946/2025 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. 946 of
2025
In F/FIRST APPEAL NO. 3571 of 2025
With
R/CIVIL APPLICATION NO. 1167 of 2025
In
F/FIRST APPEAL NO. 3564 of 2025
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PRABHABEN VALLABHBHAI
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR GM AMIN(124) for the Applicant(s) No. 1
MR RITESH J TRIVEDI(3222) for the Applicant(s) No. 1
BHAVESH DESAI AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 21/11/2025
ORAL ORDER
1. This application is filed for condonation of delay of 2411
days by explaining following cause;
"2. The applicant states that since reference is old
one, the applicant was not informed about the transfer
of cases from one court to another court, lastly the
matter was transferred to the 2nd Addl. Sr. Civil Judge,
Jamnagar, since no notice was served about transfer of
cases to the advocate of the applicant or to the
applicant and therefore, the applicant has no
knowledge about the case pending before the learned
2nd Addl. Sr. Civil Judge, and after the said case was
decided ex-parte, the applicant came to know about
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the order passed on 28/3/2018 and therefore certified
copy was applied on 05.06.2021 and the same was
delivered on 08.06.2021 and therefore there was delay
in filing the aforesaid appeal.
3. The applicant states that the month of March, 2020
there was Covid-19 pandemic and therefore the
applicant could not collect the fund and approach the
concerned advocate for filing appeals. The Hon'ble
Supreme Court in case of suo moto writ petition (Civil)
no. 3 of 2020 passed an order that period of
15.03.2020 till 14.03.2021 is to be excluded for
counting the period of limitation. Still, however there is
some delay in filing the aforesaid appeal. Appellant had
lost land and there is no another avocation to earn
livelihood. Appellant having no money could not file
appeal. In collecting money and engaging advcocate a
time was consumed. And therefore the applicant is
filing this application for condonation of delay.
4. The applicant states that the Land situated at village
Falla is adjoining village of Moti Banugar, is acquired in
a same Project of Rajkot-Jamnagar-Vadinar Four Track
Road. where land is acquired of other claimants was
earlier than the applicant's land. wherein the Hon'ble
High Court is Orderd Remand in F.A.No. 2869 of 2021.
and Reference Court has awarded Rs.125.00 per sq. mtr
in Land Reference Case Nos. 127/2011 to 149/2011
dated 30.04.2022, after remand that cases. The
applicant states that applicant has got a very strong
case on merits and is likely to succeed in appeal and a
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meritorious case cannot be thrown out on the ground
of delay. Therefore, there is just and sufficient cause for
condonation of delay in filing the First Appeal."
2. Learned advocate Mr. Amin for the applicant submits that
in identically situated cases, this Court has passed an order in
first Appeal No.2869 of 2021, remanding the references to the
leaned Reference Court for deciding afresh. Learned advocate
Mr. Amin submits that in the instant case also, the award was
passed in absence of the applicants, applicants were not having
knowledge with regard to the ex-parte award and on gaining the
knowledge, they approached the learned Reference Court and
applied for a certified copy. Learned advocate Mr. Amin submits
that there was no ill intention on the part of the applicant in not
approaching this Court in time. Learned advocate Mr. Amin
submits that after remanding the other identically cases, the
learned Reference Court has awarded the compensation by
assessing the market value at the rate of Rs.125/- per sq. mtr.
However, in the instant case, learned Reference Court has
granted the compensation by assessing the market value at the
rate of Rs.10/- per sq. mtr. Learned advocate Mr. Amin submits
that he would not claim the interest for the interregnum period,
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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. Per contra, learned AGP Mr. Dave 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
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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.
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 in the application and the submissions made
in the above paragraph Nos. 1 and 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
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present appeal.
6. Copy of this order shall be placed in the docket of the first
appeal. Rule is made absolute.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
