High Court of Gujarat

MOTI LAKHA KOLIversusSPECIAL LAND ACQUISITION OFFICER

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: C DOSHI

Holding

The Court condoned the delay but denied entitlement to interest on the enhanced amount for the delayed period.

Summary

The petitioners, represented by Mr. Vijay H. Nagesh, filed an application seeking condonation of delay in filing the main civil suit concerning land acquisition. The High Court examined the averments made in the application and determined that the delay could be condoned. However, the Court held that the claimants would not be entitled to any interest on the enhanced amount, if any, for the period of delay. The Court directed that one of the claimants file an affidavit confirming the waiver of interest. The order was recorded and the affidavit to be kept with the main matter records.

Issues considered

Whether the delay in preferring the main civil suit can be condoned?

Subjects

condonation of delaycivil procedureinterestland acquisition

Judgment

            C/CA/2929/2026                                                           ORDER DATED: 14/07/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2929 of
                                 2026

                                      In F/FIRST APPEAL/10519/2026

   ==========================================================
                                     MOTI LAKHA KOLI
                                          Versus
                         SPECIAL LAND ACQUISITION OFFICER & ANR.
   ==========================================================
   Appearance:
   MR VIJAY H NANGESH(3981) for the Applicant(s) No. 1
   MS DIXA PANDYA, ASST. GOVERNMENT PLEADER for the Respondent(s)
   No. 1,2
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                 Date : 14/07/2026

                                                         ORDER


             Considering the averments made in the application, the
   same is allowed and delay caused in preferring main matter
   stands condoned.


             However, the claimants would not be entitled to interest on
   enhanced amount, if any, for the delayed period and one of the
   claimants shall file affidavit to that effect.


             Registry to keep copy of this order along with affidavit to be
   filed by one of the claimants in the records of main matter.



                                                                                                   (J. C. DOSHI,J)
   SHEKHAR P. BARVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 14/07/2026 13:37:34

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