IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5723 of

2025 In F/FIRST APPEAL/35411/2025 ==========================================================

ADDITIONAL SPECIAL LAND ACQUISITION OFFICER, GODHRA & ORS.

Versus MADHUKANTABEN LAKSHMIKANT SHAH ==========================================================

Appearance:

MR. BHARAT VYAS ASSTT. GOVERNMENT PLEADER for the Applicant(s)

No. 1,2,3 MS.NIDHI P BAROT(6675) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 09/03/2026

JUDGMENT

1.

In this application filed under Section 5 of the Limitation Act, 1963, the State of Gujarat seeks to condone the delay of 2386 days occurred in preferring the First Appeal under Section 54 of the Land Acquisition Act, 1984, read with Section 96 of the Code of Civil Procedure, against the judgment and order dated 30.06.2018, passed by the Land Reference Court in Land Reference Case No. 481 of

2008.

2. The factual aspects are as under:-For the public purpose of Vadodara-Godhra Dahod bypass the appellant No.1 acquired land of the respondent 2 and after following the procedure passed the award in favour of the original claimant.

3. Being aggrieved thereby the original claimant preferred reference before the Reference Court under Section 18 of the Land Acquisition Act. Reference Court allowed by the judgment and award dated 30.06.2018 in terms of allowing additional compensation of Rs. 84,9.13 ps per sq. mts to the claimant with order of solatium and interest.

4. Being aggrieved the appellant intended to prefer the First Appeal but the delay caused and therefore, the appellant filed this application claiming following reliefs :-

A. The Hon'ble Court be pleased to admit and allow the present Civil Application:

B. The Hon'ble Court be pleased condone the delay of 2386 days that has occurred in preferring the accompanying First Appeal against the judgment and award dated 30.06.2018 passed by the Learned Principal Senior Civil Judge, Godhara, Dist.: Panchmahal in Land Reference Case No. 481 of 2008;

C. The Hon'ble Court be pleased grant such other and further reliefs as may be deem just and proper in the interest of justice and fitness of things.

5. Heard learned AGP Mr. Bharat Vyas appearing for the State Government and none remained present for the otherside.

6. Learned AGP referred to para 3 to 23 of the petition and submitted that the file travels to various tables to take decision that whether the Appeal has to be filed or not. He further submits that traveling of the files at various tables to take the decision has been succinctly mentioned by the State Government in the aforesaid paras. He would submit that the main reason which causes substantial delay of 2386 days is due to following the rule for taking the decision and ultimately the Legal Department Government of Gujarat approved the filing of the First Appeal. In line of this reasons learned AGP would submit that the delay of 2386 days have been caused and it is thoroughly explained by the State Government.

7. Learned AGP submits that the pursuant to the order passed by the Coordinate Bench the further affidavit is also filed to explain the reasons and therefore he submits that the State Government by applying sufficient reasons has explained delay. This Court may condone the delay and register the First Appeal.

8. It is also argued by the learned AGP that as public purpose is involved in the matter and the award of huge amount has been passed by learned Reference Court it creates great burden on the public exchequer and even on that aspect the First Appeal deserves to be treated as it contains merit and the delay requires to be condones.

9. Having heard learned AGP, at the outset I may refer to para 3 to 23 of the petition as under :-

“ 3.It is submitted that on 30.06.2018, the Learned Principal Senior Civil Judge, Gounara, Dist.: Panchmahal, passed the impugned judgment and award.

4. It is