IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4601 of

2025 In F/FIRST APPEAL NO. 1836 of 2025 ==========================================================

MAHENDRABHAI NARANBHAI PARMAR & ORS.

Versus SPECIAL LAND ACQUISITION OFFICER, DEPUTY COLLECTOR JAMNAGAR & ANR.

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Appearance:

MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3 MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3 HIMANI SHAH AGP for the Respondent(s) No. 1 RULE NOT RECD BACK for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 18/12/2025

ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act for condonation of delay of 2400 days occurred in filing the first appeal.

2. The following averments are made in the application as under;

“2. The applicants humbly submit that the other claimants of the same group whose Lands Acquired under the same acquisition whose communicated to the present applicants - legal hers of the original claimants had them self informed about such proceeding at that time only the present applicants are aware about such proceeding.

3. The applicants humbly submit that the original claimant was the person who was handling the proceedings before the Hon'ble Reference Court and that the legal heirs were unaware about such proceedings and without knowing the proceedings, the legal heirs were laymen to the knowledge of the proceedings and that when the other claimants of the same group has informed the legal heirs about such proceedings, the legal heirs of the original claimants contacted to the advocate for further proceeding of the matter. Thus, the present application for condonation of delay is being filed before this Hon'ble Court.

4. The applicants have preferred this application on the above legal valid grounds and it is a fit case for the grant of the relief/s as prayed herein.

5. The applicants humbly submit that the applicants are not much literate persons, they are not able to understand the legal position of the matter and have to depend upon the other claimants or persons for fulfillment of the requirement in the legal proceedings.

6. The applicants humbly submit that the applicants are residing in village-Dhrol, therefore, there is no easy and convenient transportation facility available, so it is difficult to communicate with the advocate.

7. The applicants humbly submit that the applicants are poor small time agriculturist and mainly depend on agriculture income and there is no other source of income to them. Therefore, most of the time they have to remain engaged in agriculture related work and activities.

8. The applicants humbly submit that the applicants are full time agriculturist and therefore the applicants are not aware about the procedural aspect of the matter, the consequences and impact of the legal proceedings, due to which some delay occurred.

9. The applicants further submit that even otherwise also there was covid-19 pandemic which has intervened the time, the applicants could not manage fund for filling appeal and engaging advocate, therefore a delay has occurred in filing the First Appeal before the Hon'ble High Court.

10. The applicant submits that the claimants of this group decided to the preferred the appeals in group to gather. But somehow he came to know from the other claimants of this groups who preferred the appeal being R/First Appeal No. 3612 of 2023 and connected matters and same were remanded by this Hon'ble Court (Coram: Hon'ble Mr. Justice J. C. Doshi) on 23.08.2023 for decide a fresh. It is submitted that the applicant realized that no such appeal is preferred by him against the same Judgment and award for which the other claimants had approached the Hon'ble Court. Therefore the applicant immediate meet the advocate of the Hon'ble High Court, prepared the appeal and file the same.

11. The applicants