IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5980 of

2025 In F/FIRST APPEAL/3413/2024 ==========================================================

THAKOR BHEMSING CHANDANSING SINCE DECEASED THROUGH LEGAL HEIRS & ORS.

Versus DEPUTY COLLECTOR LAND ACQUISITION AND REHABILISATION &

ANR.

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Appearance:

MR JINESH H KAPADIA(5601) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,2,3 BHUMI GANDHI, AGP for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 20/02/2026

ORAL ORDER

Rule. Learned AGP Ms. Bhumi Gandhi waives service of notice of rule on behalf of the respondents.

1. The present application is filed for condonation of delay of 3778 days in filing the first appeal challenging the judgment and order passed by the learned 2^nd Additional Senior Civil Judge, Banaskantha at Palanpur in LAR Nos.518 to 521 of 1999, 752 to 762 of 1999, 492 to 496 of 1999, 739 to 743 of 1999, 530 to 544 of 1999, 255 to 261 of 2000, 523 to 529 of 1999 and 13 to 14 of 2000 (main LAR No.518 of 1999) . The present application arises from the judgment rendered by the learned Reference Court in LAR No.530 of 1999.

2. The learned advocate Mr. Kapadia for the applicants has reiterated the grounds stated in the application as well as described in the additional affidavit. It is submitted by the learned advocate Mr. Kapadia that from the common judgment and award, the first appeal came to be filed with condonation of delay, being Civil Application No.3023 of 2024, where this Court has condoned the delay and kept the matter for final adjudication. It is further submitted by the learned advocate Mr. Kapadia that the present applicants are the land losers and would not claim the interest for the delayed period and whereas the learned Reference Court has committed an error in deciding the market value on the basis of yield method, reducing it by 75% instead of 50% as settled by the Hon'ble Apex Court, the appeal is required to be heard on merits and therefore, he prays that the present application may be allowed.

3. Per contra, this application is opposed by the learned AGP Ms. Gandhi by submitting that the reasons assigned in the application as well as additional affidavit are not sufficient for condonation of delay, therefore, present application may be dismissed.

4. This Court has referred to the grounds stated in the application and additional affidavit, which are reproduced hereinbelow :

Grounds as mentioned in the application.

“3. The applicant submits that after the Judgment and award passed by the learned Reference court, the respondent had deposited amount of compensation after around 1 year of passing of award and thereafter around three months has been consumed for withdrawal of the amount awarded by the Hon'ble reference court. That applicant come to know about the impugned judgment and award only when award has been deposited and call has been received for withdrawal of amount.

4. The applicant further submits that majority of claimants are illiterate person and not able to understand the consequent of award and in the year 2015 and in the year 2017, there were heavy rain fall in the area and entire village of the applicant was in water for very long time, applicant had incurred huge loss and without any earning. That applicant was not having source of Income and the awarded amount has been spent in the rehabilitation and therefore also present applicant could not approached this Hon'ble court in time.That applicant has also given the papers for preparation for appeal before this Hon'ble court and same time has consumed for the same and thereafter because of COVID-19 situation matters could not be filed.

5. That present group of appeals is from one village and out of group in various other references, applicants were died during the pendency of reference and sometime has been consumed to brin