Gujarat High Court
Maniben Kanjibhai (Expired) vs State Government Of Gujarat on 24 November, 2025
NEUTRAL CITATION
C/CA/5049/2025 ORDER DATED: 24/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5049 of
2025
In R/FIRST APPEAL NO. 4236 of 2025
With
R/FIRST APPEAL NO. 4236 of 2025
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MANIBEN KANJIBHAI (EXPIRED) & ORS.
Versus
STATE GOVERNMENT OF GUJARAT & ORS.
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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, ASST. GOVERNMENT PLEADER for the Respondent(s)
No. 1,2,3
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 24/11/2025
ORAL ORDER
1. This is an application filed by the applicant under Section
5 of the Limitation Act for condonation of delay of 1581
days occurred in filing the first appeal.
2. Learned advocate Mr.Satta submits that the applicants
are not much literate persons, they are not able to
understand the legal position and they are staying in the
small village, namely, Padana. Learned advocate Mr.Satta
submits that the claimant of similar group has filed the
first appeal before this Court wherein along with the
application for condonation, which came to be allowed by
this Court on 16.06.2025. Learned advocate Mr.Satta
submits that in the said group was arising out the Land
Acquisition Reference Case No.4 of 2013 and in the
present case the judgment and award passed by the
learned Reference Court in Land Acquisition Case No.6 of
NEUTRAL CITATION
C/CA/5049/2025 ORDER DATED: 24/11/2025
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2013. Learned advocate Mr.Satta submits that common
judgment is passed by the learned Reference Court in
Reference Case Nos.4 of 2013 to 7 of 2013. Learned
advocate Mr.Satta submits that they would not claim the
interest in the event of enhancement of the
compensation.
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. This Court has also
referred to 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 from the same acquisition had been
condoned. This Court has also referred to the decision
rendered by the 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
delay, the Apex Court had observed that equities had to
NEUTRAL CITATION
C/CA/5049/2025 ORDER DATED: 24/11/2025
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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 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.
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 accordingly.
ORDER IN R/FIRST APPEAL NO. 4236 of 2025
Appeal Is Admitted. Learned AGP Mr.Rahul Dave waives
service of notice of admission on behalf of the defendants.
(M. K. THAKKER,J)
M.M.MIRZA
