High Court of Gujarat

KOLI JESUNGJI UKAJIversusTHE DEPUTY COLLECTOR , LAND ACQUISITION AND REHABILITATION OFFICER

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: C DOSHI

Holding

The Court condoned the delay in filing the cross‑objection and held that no interest is payable on any additional compensation awarded for the delayed period.

Summary

The petitioner, Koli Jesungji Ukaji, filed an application for condonation of delay in preferring a cross‑objection in a land acquisition matter before the High Court of Gujarat. The respondent, the Deputy Collector, Land Acquisition and Rehabilitation Officer, was represented by the Additional Government Pleader who waived service of notice. The Court examined whether the delay in filing the cross‑objection could be condoned under the provisions of the Civil Procedure Code. It held that the delay was condoned and made the rule absolute, thereby allowing the cross‑objection to proceed. The Court further clarified that the claimant would not be entitled to interest on any additional compensation awarded for the delayed period, and directed the claimant to file an affidavit to that effect. The order was signed by Justice J.C. Doshi on 24 August 2026.

Issues considered

Whether the delay in preferring the cross‑objection can be condoned.
Whether the claimant is entitled to interest on additional compensation awarded for the delayed period.

Subjects

condonation of delaycross objectioninterest on compensationland acquisitioncivil procedure

Judgment

      C/CA/3221/2026(GJHC240252672026)                                         ORDER DATED: 24/08/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                       NO. 3221 of 2026
             In F/CROSS OBJECTION/10745/2026
                In R/FIRST APPEAL/2180/2020
  =====================================================
                     KOLI JESUNGJI UKAJI
                            Versus
      THE DEPUTY COLLECTOR , LAND ACQUISITION AND
                REHABILITATION OFFICER & ANR.
  =====================================================
  Appearance:
  MR JINESH H KAPADIA(5601) for the Applicant(s) No. 1
  MS. DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1,2
  =====================================================
   CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
                     Date : 24/08/2026
                           ORDER
      Rule. Learned AGP waives service of notice of Rule for the
  respondents.
           Considering the averments made in the application, the
  same is allowed and delay caused in preferring the cross-
  objection stands condoned. Rule made absolute.

           It is clarified that the claimant/s shall not be entitled to
  interest on additional amount of compensation, if any, awarded
  by this Court for delayed period.

           Any of the claimant/s shall file affidavit to the effect that
  he / they shall not be entitled to interest on additional amount
  of compensation, if any, awarded by this Court for delayed
  period. Copy of this order be kept in the main matter.



                                                                                  (J.C. DOSHI, J.)
  Raj
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 24/08/2026 15:48:06
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