Special Land Acquisition Officer vs Nehaben Yaspalsinh Thakor

Gujarat High Court

Special Land Acquisition Officer vs Nehaben Yaspalsinh Thakor on 28 July, 2025

                                                                                                                   NEUTRAL CITATION




                              C/CA/2395/2024                                      ORDER DATED: 28/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2395 of
                                                    2024

                                               In F/FIRST APPEAL NO. 13386 of 2024

                       ==========================================================
                                        SPECIAL LAND ACQUISITION OFFICER & ORS.
                                                        Versus
                                             NEHABEN YASPALSINH THAKOR
                       ==========================================================
                       Appearance:
                       MR.RAHUL DAVE AGP for the Applicant(s) No. 1,2,3
                       NOTICE SERVED for the Respondent(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                            Date : 28/07/2025

                                                             ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act,1963 for condonation of delay of 300 days caused in preferring the First Appeal.

2. Heard learned AGP Mr.Rahul Dave for the applicants. Though served, none appears for respondent.

3. Learned advocate for the applicants has submitted that judgment and award is pronounced on 29.03.2023 in LAR Case No.11 of 2016. After receiving the certified copy, file sent for legal opinion Page 1 of 3 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:53:47 IST 2025 NEUTRAL CITATION C/CA/2395/2024 ORDER DATED: 28/07/2025 undefined to the concerned department. The cause for delay is attributed to the time consumed in seeking legal opinion from the concerned department and the reason for delay is administrative procedure. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicants.

4. I have considered the submissions canvassed by learned AGP and averments made in the application, the reason for delay is administrative procedure and time consumed in decision making process. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.

NEUTRAL CITATION C/CA/2395/2024 ORDER DATED: 28/07/2025 undefined

5. The application is allowed and stands disposed of accordingly.

(D. M. DESAI,J) MANOJ Page 3 of 3 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:53:47 IST 2025