NATVARBHAI CHATURBHAI PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard learned Advocate Mr. Pinank J. Raiyani on behalf of the applicant and learned AGP Ms. Krushita Dave on behalf of the respondent-State.

(2.) It appears that in connected First Appeal where Civil Application for condoning the very selfsame days of delay which had occurred and whereas learned Co-ordinate Bench [Coram: Honourable Ms. Justice Sangeeta K. Vishen] vide order dtd. 23/11/2022 had condoned the said delay of 930 days which has occurred in preferring First Appeal and further recording the consent of the applicant and claimants as regards waiving interest for the delayed period as per the law laid down by Hon'ble Apex Court in the case of K. Subbarayadu & Ors v. The Special Deputy Collector, (Land Acquisition ) reported in 2017 (12) SCC 840.

(3.) For the reasons given by the learned Co-ordinate Bench in the order hereinabove, in view of the similar stand taken by the applicant-original claimants, the delay which has occurred in preferring First Appeal against the judgment and order dtd. 22/5/2017 passed by learned 2nd Additional Senior Civil Judge at Dhrangadhra, District : Surendranagar in Land Reference Case No.125/2002, 119/2002, 117/2002, 131/2002, 124/2002, delay of 937 days is hereby condoned subject to condition that the applicant-claimants shall not be entitled to claim any interest for the delayed period with regard to enhanced amount, if any, that may be granted by this Court in the present First Appeals.