BHIKHUBHAI DADABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned AGP waives service of notice of rule on behalf of respondent- State.

(2.) Learned advocate for the applicant made a statement that if the delay is condoned, the claimant-applicant shall not claim interest for the delayed period. It is submitted that the applicant has no objection if such condition is imposed as was imposed by the Supreme Court in K. Subbarayudu and Others Vs. The Special Deputy Collector (Land Acquisition) [(2017) 12 SCC 840].

(3.) In the totality of facts, sufficient cause is said to have been made out. The delay of 345 days deserves to be condoned and the same is condoned. At the same time, in the facts and circumstances of the case and as per the statement made by learned advocate for the applicant, condition is imposed on each of the applicant/claimant that he shall not claim any interest for the delayed period in respect of the enhanced compensation, in the event, the appeal is allowed. Rule is made absolute to the aforesaid extent.