Land Acquisition And Rehabilitation ... vs Savabhai Maganbhai Khant (Deceased)
2026 Latest Caselaw 238 Guj

Gujarat High Court

Land Acquisition And Rehabilitation ... vs Savabhai Maganbhai Khant (Deceased) on 27 January, 2026

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                              NEUTRAL CITATION




                             C/CA/3790/2019                                   ORDER DATED: 27/01/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3790 of
                                                     2019
                                         In F/FIRST APPEAL/18712/2019
                      ==========================================================
                              LAND ACQUISITION AND REHABILITATION OFFICER & ORS.
                                                    Versus
                                 SAVABHAI MAGANBHAI KHANT (DECEASED) & ORS.
                      ==========================================================
                      Appearance:
                      MS. POOJA CHOUDHARY, AGP for the Applicant(s) No. 1,2,3
                      DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for
                      the Respondent(s) No. 1,2,3
                      RULE SERVED for the Respondent(s) No.
                      1.1,1.2,1.3,1.4,1.5.1,1.5.2,1.5.3,1.5.4,1.6
                      ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                 and
                                 HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                          Date : 27/01/2026

                                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. This application is filed by the applicants under Section 5 of

the Limitation Act for condoning the delay of 471 days in preferring

the appeal against the judgment and award dated 09.11.2017 passed

by the learned Principal Senior Civil Judge, Mahisagar at Lunawada

in Land Acquisition Reference No.300 of 2017 (Old No.371/2006)

(Main) consolidated with Land Acquisition Reference No.299 of 2017

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C/CA/3790/2019 ORDER DATED: 27/01/2026

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(Old No.370 of 2006) and Land Acquisition Reference No.301 of

2017 (Old No.372 of 2006).

2. Rule was issued on 20-11-2019. Though Rule is served upon

the respondents, no-one has appeared on behalf of the respondents.

3. Learned AGP has drawn attention of this Court to the

contents of memo of the application, wherein it submitted that the

impugned judgment and award has been decided on 09.11.2017 and

thereafter, application for getting the certified copies have been

made., which was made ready. The concerned department has

given the sanction to put forward the proposal before appropriate

committee on 30.04.2018, which was put forward before the

appropriate committee and on 21.05.2018, the appropriate

committee has opined to prefer an appeal. On 12.06.2018, it has

been decided to get the concurrence/sanction of the Legal

Department as well as Revenue Department. Thereafter on

04.07.2018, the Legal Department has sanctioned to file an appeal

and directed concerned department to provide the necessary

documents to be sent to the office of the Government Pleader for

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C/CA/3790/2019 ORDER DATED: 27/01/2026

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further actions. Thereby, some delay has been occurred in collecting

and sending certain informations and clarifications to office of the

Government Pleader and the delay application as well as the appeal

have been drafted. It is submitted that the delay is administrative

delay and the same has been caused due to the following the

procedures and the same has been caused due to the fact that

various departments are connected in the present case and therefore

also, the present delay has occurred in filing the appeal.

4. Therefore, learned AGP has drawn attention of this Court to

the reasons for which delay has occurred.

5. Considering the aforesaid, particularly, period of 471 days of

delay, the Court is of the view that considering the facts involved

in the case, delay cannot be treated as inordinate.

6. Considering the submissions and the contents of the para

mentioned hereinabove, the delay is also explained sufficiently.

7. A reference in this regard may be made to the judgment of

the Supreme Court in case of Sheo Raj Singh (Deceased) through

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C/CA/3790/2019 ORDER DATED: 27/01/2026

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Legal Representatives and others vs/. Union of India and Another,

reported in (2023) 10 SCC 531, wherein the term "Sufficient

Cause" was interpreted and the approach of Courts while deciding

application for condonation of delay was discussed.

8. In view of the aforesaid, the application is allowed. Rule is

made absolute to the aforesaid extent. The delay of 471 days in

preferring the appeal against the judgment and award dated

09.11.2017 passed by the learned Principal Senior Civil Judge,

Mahisagar at Lunawada in Land Acquisition Reference No.300 of

2017 (Old No.371/2006) (Main) consolidated with Land Acquisition

Reference No.299 of 2017 (Old No.370 of 2006) and Land

Acquisition Reference No.301 of 2017 (Old No.372 of 2006), is

hereby condoned. The Registry is directed to list the main appeal in

due course.

(A.Y. KOGJE, J)

(J. L. ODEDRA, J) PARESH SOMPURA