SHIVAJI KAHYAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Ankur Kiri, learned Advocate for Mr. AV Prajapati, learned Advocate appearing for the applicant submitted that by this application, the applicant has prayed for condoning the delay of 535 days caused in filing the captioned first appeal whereby the applicant-appellant had challenged the award dtd. 15/2/2019 passed by the learned Principal Senior Civil Judge, Bhiloda in Land Acquisition Case to 7 to 20 of 2018. It is submitted that the acquisition proceedings were initiated by issuing Sec. 4 notification somewhere in the year 1999 followed by Sec. 6 notification further followed by the award under Sec. 11 in the year 2000 in the references under Sec. 18 . The learned Judge, has passed the judgment awarding the compensation at the rate of Rs.207.13 sq. mts. for agriculture land and Rs.295.90 for non- agriculture land as an additional compensation. It is submitted that recently, in the month of March, 2022, the respondents deposited the amount of compensation. The same was thereafter, withdrawn by the applicants and necessary steps could be taken for challenging the judgment dtd. 15/2/2019. It is submitted that the applicants are villagers and not very much equipped with and conversant with the intricacies of law. However, after taking appropriate advice steps were taken for filing the present appeal. It is stated at the bar that if the appeal filed by the applicant- appellant was to be allowed, the applicant shall not claim interest for the delayed period on the enhanced amount of compensation.

(2.) Reliance is placed on the judgment of this Court in the case of K. Subbarayudu and Others vs. The Special Deputy Collector (Land Acquisition ) reported in (2017 ) 12 SCC 840. It is therefore urged that the delay be condoned.

(3.) Issue Rule returnable forthwith. Mr. Akash Chhaya, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondents.