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2025 DAILYLAW 2722 (GUJ)

PATEL RAMJIBHAI LALJIBHAI v. STATE OF GUARAT

CA/2162/2025 · 2025-04-21

Nisha M Thakore

body2025

Judgment text

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C/CA/2150/2025 ORDER DATED: 21/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2150 of 2025 In F/FIRST APPEAL NO. 10978 of 2025 With R/CIVIL APPLICATION NO. 2151 of 2025 In F/FIRST APPEAL NO. 11025 of 2025 With R/CIVIL APPLICATION NO. 2155 of 2025 In F/FIRST APPEAL NO. 11011 of 2025 With R/CIVIL APPLICATION NO. 2162 of 2025 In F/FIRST APPEAL NO. 11007 of 2025 With R/CIVIL APPLICATION NO. 2165 of 2025 In F/FIRST APPEAL NO. 10999 of 2025 With R/CIVIL APPLICATION NO. 2166 of 2025 In F/FIRST APPEAL NO. 11029 of 2025 ====================================== PATEL DINESHKUMAR SHAMJIBHAI & ORS. Versus THE STATE OF GUJARAT & ORS. ====================================== Appearance: MR AV PRAJAPATI(672) for the Applicant Nos. 1,2,3 MR. SHIVAM DIXIT, AGP for the Respondent Nos. 1,2,3 in Civil Application nos.2150 of 2025, 2155 of 2025 and 2165 of 2025 MR. M. D. RAHEVAR, AGP for the Respondent Nos. 1,2,3 in Civil Application nos.2151 of 2025, 2162 of 2025 and 2166 of 2025 ====================================== CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 21/04/2025 COMMON ORAL ORDER C/CA/2150/2025 ORDER DATED: 21/04/2025 1. Heard Mr. A. V. Prajapati, learned advocate for the applicants – original claimants. 2. Rule returnable forthwith. Mr. Dixit, learned AGP and Mr. Rahevar, learned AGP appeared on advance copy on behalf of the respective respondents. 3. The present applications are filed seeking condonation of delay of 56 days caused in preferring the captioned appeals. 4. At the out-set, learned advocate for the applicants has placed reliance upon the order dated 21st February, 2025 passed by this Court in group of matters arising out of the same impugned judgment and award passed by the Reference Court, which is under challenge in the captioned appeals. 5. Mr. Prajapati, learned advocate for the applicants has submitted that the impugned judgment was delivered on 6th December, 2024 and the certified copy was applied on the same day and it was delivered on the same day. However, the claimants were not aware about the remedy of appeal being prescribed for enhancement of compensation. Recently, when the applicants came across the fact that other claimants whose lands were acquired and by common award have been granted compensation at lower rates have approached the Court in appeal, the applicants who also are aggrieved by the amount of compensation being determined on the lower side had decided to approach in appeal. 5.1 By making the aforesaid submission, learned advocate C/CA/2150/2025 ORDER DATED: 21/04/2025 has submitted that the applicants being the poor farmers and not well versed with the provisions of law, may not be left remedy-less and has urged this Court to condone the delay. 6. Learned AGP for the respondent – State can not dispute the fact that the common impugned award under challenge is in consideration in the cognate appeals. 7. Considering the overall facts of the case and the averments made in the applications, sufficient cause is made- out to condone the delay in the present applications. Hence, present applications stand allowed. The delay caused in preferring the captioned appeals is hereby condoned. Rule made absolute. (NISHA M. THAKORE, J.) AMAR RATHOD... Page 3 of 3 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMAR KANTILAL RATHOD(HC01074), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2025 17:16:51