IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4774 of

2025 In F/FIRST APPEAL/23995/2025 ==========================================================

AHER MARKHI BHIMSHI GODHAM Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

MR. HEMAL SHAH(6960) for the Applicant(s) No. 1 ORTIS LAW OFFICES(12342) for the Applicant(s) No. 1 MS.HIMANI SHAH, AGP for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 10/02/2026

ORAL ORDER

1. This application is filed for condonation of delay of 2001 days in filing the first appeal challenging the judgment and award dated 06.11.2019 passed by learned Principal Senior Civil Judge at Khambhaliya, Devbhoomi Dwarka in L.A.R No.334/1999 whereby learned reference court has determined the market value of irrigated land at the rate of Rs.1367.13 paise.

2. Heard learned advocate Mr.Hemal Shah for the applicant and learned AGP Ms.Himani Shah for the respondent-State.

2.1. It is submitted by learned advocate Mr.Hemal Shah that learned reference court committed an error in deducting the percentage towards price escalation while relying on the previous award passed prior to three years. It is submitted by learned advocate Mr.Hemal Shah that instead of deducting 10% every year learned reference court has straightaway deducted 30% from the awarded amount towards compensation in the earlier reference. It is submitted by learned advocate Mr.Hemal Shah that the applicant being a farmer, a layman would not have the knowledge with regard to the calculation made as well as with regard to the limitation for filing appeal before this Court. It is further submitted by learned advocate Mr.Hemal Shah that the land of the claimant was acquired on compulsory acquisition and in absence of reasonable compensation, great injustice would be caused to him. Learned advocate Mr.Hemal Shah submits that the claimant would not claim interest for the delayed period in the event of enhancement of the compensation.

2.2. Per contra, this application is opposed by learned AGP Ms.Himani Shah.

3. 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. Relying on the decision rendered by the Hon’ble Apex Court in the case of Market Committee Hodal V/ s. Krishan Murari, reported in 1996 (1) SC 311 wherein delay of 3240 days arising from the same acquisition had been condoned. The Hon’ble Apex Court has also relied on the decision rendered 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.

3.1. 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 and the submissions made, this Court is of the considered view that the application requires to be allowed and the delay of 2001 days in filing the first appeal is required to be condoned.

In that background, the application is allowed.

4. It is needless to clarify that the applicants-original claimants shall not be entitled to the interest in even