IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5758 of

2025 In F/FIRST APPEAL NO. 35547 of 2025 ==========================================================

RAVAL BHURIBEN W/O SHIVABHAI (EXPIRED) & ORS.

Versus SPECIAL LAND ACQUISITION OFFICER AND EXECUTIVE ENGINEER ==========================================================

Appearance:

MR ADITYA S PATEL(12087) for the Applicant(s) No. 1,2,3,4,5 MR. PARTH PATEL, AGP for the Respondent(s) No. 1 ==========================================================

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

ORAL ORDER

1. Rule returnable forthwith. Learned AGP Mr. Parth Patel waives service of Rule on behalf of respondent-State.

2. Learned advocate Mr.Aditya Patel submits that the judgment and award is passed by the learned reference court on 13.01.2017 awarding the compensation at the rate of Rs.110.70 per sq mtr. However, for identically situated claimant of LAR No.1797 of 2010 for enhancement of compensation, first appeals are filed along with application for condonation of delay and this Court has condoned the delay vide order dated

08.10.2024 and the first appeals are admitted for final adjudication. In addition to the above explanation. Learned advocate Mr.Aditya Patel has explained the delay in detail as under:

“3.That the applicants, thereafter, filed the L.A.R ho. 1795/2010 for the enhancement of the was compensation. That the ld. Principal Senior Civil Judge, Bayad by judgement dt. 13/01/2017 pleased to enhance the compensation awarded to the applicants to Rs. 110.70/- per sq.mtr. That the awarded compensation is very less and being aggrieved the applicants have preferred present appeal in which there is some delay which is required to be condoned in the interest of justice.

4.That in the present case the applicant has been awarded only Rs. 110.70/- per Sq.mtr by award dt. 13/01/2007, amount on and the applicants were given have the applicants 22/04/2019, first paid up his outstanding in the market and though the local lawyer suggested to prefer appeal for not having received adequate amount but as, the applicants were not having adequate resources to manage court fees and were trying to borrow from the relatives and other sources but, by the time the applicants decided to file appeal and therefore, it was decided to meet advocate after Diwali Vacation and being agriculturist they were short of money to file appeal earlier in absence of court fees, and therefore, the delay caused in filing the appeal is required to be condoned in the interest of justice.

5.That the ld. Principal Senior Civil Judge, Bayad in Main L.A.R no. 08/2021 by judgement 06/10/2022 was pleased to grant compensation to the tune of Rs.422 Per sq.mtr for Village Desaipura, Tal: Bayad. That the Village Desaipura is situated at a distance of only 3 k.m from Village Fantadhirpur, and therefore, the judgment of the same village: Fantadhirpur is applicable to the land of the applicant. That the applicants recently after coming to know of the enhancement of the compensation from the villager to of Desaipura, sought challenge the impugned judgement, and therefore, the delay caused in preferring the appeal is required to be condoned in the interest of justice.

6.That it is submitted that this Hon'ble Court in First Appeal no. 2118/2024 by order dt. 24/09/2024 allowed the appeal for enhancement, challenging the judgement and decree dt. 31/08/2017 of nearby village: Demai passed in L.A.R no. 1790/2010 by the Principal Senior Civil Judge, Bayad, and thereby, granted compensation to the tune of Rs.414 Per sq.mtr arising out of same section 4 notification dt. 05/08/2008 for construction of Lank irrigation canal scheme. That the applicants recently after coming to know of the enhancement of the compensation from the villager of Desaipura, sought to challenge the impugned judgement, and therefore, the delay caused in preferring the appeal is required to be condoned in the intere