Lakshmidas Keshavbhai Since Decd. ... vs State Of Gujarat
2026 Latest Caselaw 351 Guj

Gujarat High Court

Lakshmidas Keshavbhai Since Decd. ... vs State Of Gujarat on 3 February, 2026

                                                                                                                NEUTRAL CITATION




                              C/CA/46/2026                                     ORDER DATED: 03/02/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 46 of 2026

                                                 In F/FIRST APPEAL/35199/2025

                      ==========================================================
                        LAKSHMIDAS KESHAVBHAI SINCE DECD. THROUGH LEGAL HEIRS &
                                                 ORS.
                                                 Versus
                                       STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR KUNAL S SHAH(5282) for the Applicant(s) No. 1,1.1,1.2,2
                      MS.HIMANI SHAH, AGP for the Respondent(s) No. 1,2
                      ==========================================================

                        CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                          Date : 03/02/2026

                                                            ORAL ORDER

1. Rule returnable forthwith. Learned AGP Ms.Himani Shah

waives service of notice of Rule on behalf of respondents.

2. These applications are filed under Section 5 of the

Limitation Act for condonation of delay of 3189 days occurred

in filing the captioned first appeals claiming the enhancement

of the compensation.

3. Heard learned advocate Mr.Kunal Shah for the applicant

and learned AGP Ms.Himani Shah for the State.

4. Learned advocate Mr.Shah submits that though the

judgment and award was passed on 14.08.2018, the

compensation was received during the years 2020-2021. In

absence of sufficient funds, the claimant could not approach

NEUTRAL CITATION

C/CA/46/2026 ORDER DATED: 03/02/2026

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this Court in time. It is further submitted by the learned

advocate Mr. Shah that in respect of the adjoining village

Sherdi, the amount of compensation has been enhanced by

this Court and upon gaining knowledge of the said fact, the

claimant approached the concerned advocate for filing the

appeal. It is submitted by the learned advocate Mr. Shah that

the claimant would not claim the interest for the delayed

period and therefore, the applications seeking condonation of

delay be allowed and the first appeals be heard on merits.

5. Per contra, learned AGP Ms.Himani Shah for the State

has opposed the applications for condonation of delay and

prayed to reject these applications.

6. 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

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C/CA/46/2026 ORDER DATED: 03/02/2026

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(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 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.

6.1 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 No.2, this Court is of the

considered view that the applications require to be allowed

and the delay of 3189 days is required to be condoned. In that

background, the applications are allowed and the delay of

3189 days occurred in preferring the first appeal is hereby

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C/CA/46/2026 ORDER DATED: 03/02/2026

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condoned.

7. 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.

8. Copy of this order shall be placed in the docket of the

first appeal. Rule is made absolute.

(M. K. THAKKER,J) ARCHANA S. PILLAI