Gujarat High Court

Vague pleas of settlement talks and financial crisis cannot justify inordinate delay in filing an appeal.

DHANABHAI DAYALBHAI VANKAR vs STATE OF GUJARAT

Gujarat High CourtJUDGMENT: July 07, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants sought condonation of a delay of 1601 days in filing a First Appeal against a Land Acquisition Award dated 16.04.2021.

Source reference: para 2, 6

The applicants claimed their names were entered in revenue records in 2011 and they were entitled to compensation.

Source reference: para 3

They justified the delay by citing ongoing settlement talks and financial crises.

Source reference: para 3, 6

The original claimants opposed the application, noting that the applicants were never parties to the land acquisition proceedings from 2007 until the 2021 judgment and had raised no claims or objections before the Reference Court.

Source reference: para 4
02

Issues

1. Whether a delay of 1601 days can be condoned under Section 5 of the Limitation Act, 1963, based on vague claims of settlement talks and financial hardship.

Source reference: para 2, 7

2. Whether the applicants established "sufficient cause" for their non-participation in the original proceedings and the subsequent delay in filing the appeal.

Source reference: para 10, 13
03

Law Applied

Section 5 of the Limitation Act, 1963, which allows for condonation of delay upon showing "sufficient cause".

Source reference: para 2, 10

The principle from Ajay Dabra v. Pyare Ram & Sunder Singh (2023), establishing that financial incapacity is generally not a valid ground for condonation.

Source reference: para 8

The doctrine in Pathapati Subba Reddy v. Special Deputy Collector (LA) (2024), which clarifies that while Section 5 should be construed liberally to advance justice, it cannot be used to defeat substantive law where there is gross negligence or a lack of due diligence.

Source reference: para 14

The distinction between a legitimate "explanation" and a mere "excuse" as cited in State of Odisha v. Managing Committee of Namatara Girls High Schools (2026).

Source reference: para 15
04

Reasoning

The court found the applicants' justifications—settlement talks and financial crisis—to be "spacious, vague," and unsupported by documentary evidence.

Source reference: para 7, 12

Regarding the financial plea, the court noted that per Ajay Dabra, such a claim does not excuse a failure to file within the statutory period.

Source reference: para 8

Crucially, the court observed that the applicants were "utterly lethargic" and had voluntarily stayed away from the entire land acquisition process from 2007 to 2021.

Source reference: para 4, 9, 15

The court reasoned that while "sufficient cause" warrants a liberal approach, it cannot be invoked to rescue a party that has shown total inaction or a lack of bona fides, especially when the delay is as colossal as 1601 days.

Source reference: para 10-12

The applicants failed to demonstrate a "prejudicially affected" right or an actionable claim that justified such an inordinate delay.

Source reference: para 16
05

Holding

The court held that the applicants failed to establish "sufficient cause" under Section 5 of the Limitation Act and dismissed the application for condonation of delay.

The request to register the First Appeal was rejected.

Source reference: para 19

The court further directed the Reference Court to disburse the deposited compensation to the original claimants after due verification.

Source reference: para 22
Gujarat High Court

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DHANABHAI DAYALBHAI VANKARvsSTATE OF GUJARAT

Gujarat High Court · July 07, 2026

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