Gujarat High Court
The Deputy Collector, Land Acquisition ... vs Baria Vajabhai Fatabhai on 3 February, 2025
NEUTRAL CITATION
C/CA/1408/2022 ORDER DATED: 03/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1408 of
2022
In F/FIRST APPEAL NO. 29483 of 2018
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THE DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION &
ORS.
Versus
BARIA VAJABHAI FATABHAI & ORS.
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Appearance:
MR. MANOHAR RAHEVAR, AGP for the Applicant(s) No. 1,2,3
DECEASED LITIGANT for the Respondent(s) No. 1.1,1.2.1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the
Respondent(s) No. 1,1.2,2
DELETED for the Respondent(s) No. 1.2.3,1.5
MR PA JADEJA(3726) for the Respondent(s) No. 1.2.2,1.3,2.1,2.2,2.4
RULE SERVED for the Respondent(s) No. 1.4,2.3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 03/02/2025
ORAL ORDER
1. Heard learned AGP Mr. Manohar Raheavar for the applicants- State Authorities and learned advocate Mr. P.A. Jadeja for the respective respondents-original claimants. At the outset, learned advocate Mr. P.A. Jadeja has submitted that he has received instructions to appear on behalf of respondent nos.1.4 and 2.3. However, he is awaiting Vakalatnama.
2. Considering the aforesaid submissions of learned advocate Mr. P.A. Jadeja, he is permitted to present his Vakalatnama before the Page 1 of 4 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Mon Feb 03 2025 Downloaded on : Mon Feb 03 23:21:00 IST 2025 NEUTRAL CITATION C/CA/1408/2022 ORDER DATED: 03/02/2025 undefined Registry of this Court.
3. The present application is filed seeking condonation of delay of 649 days caused in preferring the captioned appeal.
4. At the outset, learned AGP appearing for the applicants-State Authorities has referred to the averments made in the application, and has submitted that after the impugned judgment and award pronounced on 12.04.2016, the certified copy of the same was made available on 03.08.2017. It was further submitted that the opinion of the learned District Government Pleader was sought for, which was received on 19.01.2018 and on 22.01.2018, the proposal was forwarded to challenge the impugned judgment and award in appeal. The Sub-Division Office of concerned department had forwarded such proposal on 31.01.2018 followed by 08.02.2018 to the Additional Engineer, Ahmedabad Irrigation Division, which was later on forwarded to the Additional Engineer of the concerned department on 19.02.2018. That upon receipt of such proposal, the decision was taken to place the case before the Committee headed by the Chief Engineer and necessary approval in this regard was granted on 04.04.2018. The Committee on 21.04.2018 had approved the proposal and thereafter, it was decided on 19.05.2018 to submit the file before Page 2 of 4 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Mon Feb 03 2025 Downloaded on : Mon Feb 03 23:21:00 IST 2025 NEUTRAL CITATION C/CA/1408/2022 ORDER DATED: 03/02/2025 undefined the Revenue as well as the Legal Department. On perusal of such proposal, ultimately, the Legal Department on 11.06.2018 had granted approval to move in appeal before this Court. By referring to the aforesaid events, learned AGP has submitted that the office of Government Pleader was provided the necessary case papers in this regard on 13.06.2018 and the time was consumed in drafting the appeal. However, in the interregnum, delay of 649 days had crept in submitting the appeal before this Court. Thus, the captioned appeal along with application seeking condonation of delay was submitted before this Court.
4.1 By making the aforesaid submissions, learned AGP has further submitted that allthroughout, the State Authorities had pursued the proceedings to approach in appeal, which according to him, as part of the standard operating procedures instructed by the concerned departments to be followed in case the challenge is to be made in the appeal before the higher forum. He has further submitted that there was no negligence or inaction on part of the concerned departments as allthroughout the files have moved from one office to other office and a prompt decision was taken as soon as the matter was placed for consideration before the highest office. He has, therefore, urged to condone the delay.
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5. Learned advocate Mr. P.A. Jadeja appearing for the respective respondents-original claimants has objected to the aforesaid submissions. However, he has left it to the Court to pass appropriate orders in this regard, noticing the number of days involved.
6. Considering the submissions made by learned advocates for the respective parties and the explanation offered, in the opinion of this Court, sufficient cause is shown. In absence of any contradictions brought on record against the aforesaid submissions made by the applicants-State Authorities, the Court, is therefore, inclined to exercise its discretion in condoning the delay. The delay of 649 days caused in preferring the captioned appeal is hereby condoned. The application is allowed and stands disposed of. Rule is made absolute. No order as to costs.
(NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 4 of 4 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Mon Feb 03 2025 Downloaded on : Mon Feb 03 23:21:00 IST 2025