Gujarat High Court
Special Land Acquisition Officer vs Noormohammad Adam on 14 July, 2025
NEUTRAL CITATION
C/CA/375/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 375 of
2025
In F/FIRST APPEAL NO. 36644 of 2024
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SPECIAL LAND ACQUISITION OFFICER & ORS.
Versus
NOORMOHAMMAD ADAM
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Appearance:
MS.DEVANSHI PATEL AGP for the Applicant(s) No. 1,2,3
MR N R DESAI(6504) for the Respondent(s) No. 1
MR P P MAJMUDAR(5284) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 14/07/2025
ORAL ORDER
1. This application is filed under Section 5 of the Limitation Act,1963 for condonation of delay of 531 days caused in preferring the First Appeal.
2. Heard learned AGP Ms.Devanshi Patel for the applicants and learned advocate Mr.P.P.Majmudar for the respondent.
3. Learned Assistant Government Pleader for the applicants has submitted that the judgment and award Page 1 of 6 Uploaded by MANOJ KUMAR(HC01092) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:31:10 IST 2025 NEUTRAL CITATION C/CA/375/2025 ORDER DATED: 14/07/2025 undefined dated 10.04.2023 passed by the learned Principal Senior Civil Judge, Bharuch in Land Acquisition Reference Case No.2 of 2018 was not within the knowledge of the concerned branch of the applicants' department. When a notice under Execution Petition came to be served upon the applicants on 29.08.2024, applicants came to know about the passing of the judgment and award. Thereafter, a certified copy of the impugned judgment and award was applied for and received on 21.09.2024. Upon receiving the certified copy, the department initiated the procedure for filing an appeal, which also took time. 3.1 It is further submitted that there was an error on the part of the learned District Government Pleader in not making himself aware about the passing of the judgment and award. It is submitted that there is no fault on the part of the applicants in not challenging the award within the prescribed period of limitation. Page 2 of 6 Uploaded by MANOJ KUMAR(HC01092) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:31:10 IST 2025
NEUTRAL CITATION C/CA/375/2025 ORDER DATED: 14/07/2025 undefined
4. Per contra, learned advocate Mr.P.P.Majmudar for the opponent has relied upon the Affidavit-in-reply and contended that the learned District Government Pleader did appear in Land Reference Case and argued the matter on 10.04.2023. Notice of the Execution Petition was served to the applicant No.1 on 07.10.2023. However, certified copy came to be applied on 03.09.2024. It is submitted that, no explanation is forthcoming for the period between 07.10.2023 and 03.09.2024. It is further submitted that, on 29.01.2025, an order came to be passed in Execution Petition directing the applicants to issue Banker's Cheque in favour of the original claimant. Thereafter, Executive Engineer filed an application on 01.02.2025 stating that an appeal has been preferred by the State and amount may not be released in favour of the applicants. On 03.02.2025, learned Executing Court passed an order staying the issuance of the Banker's Cheque. The said order has been Page 3 of 6 Uploaded by MANOJ KUMAR(HC01092) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:31:10 IST 2025 NEUTRAL CITATION C/CA/375/2025 ORDER DATED: 14/07/2025 undefined assailed before this Court by way of Special Civil Application and the same is pending. It is further submitted that there is a lack of bonafide on the part of the applicants and the explanation which has been canvassed by the applicants are not bonafide. In view these facts, the present application does not deserve to be allowed.
5. I have considered the submissions canvassed by the learned advocates for the respective parties and also perused the averments made in the application as well as in the Affidavit-in-reply. It is an undisputed fact that the impugned judgment and award dated 10.04.2024 came to be challenged by the State after a delay of 531 days. The sole ground assigned by the applicants for the delay is that the learned District Government Pleader was not aware about the passing of the impugned award. Resultantly, the Page 4 of 6 Uploaded by MANOJ KUMAR(HC01092) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:31:10 IST 2025 NEUTRAL CITATION C/CA/375/2025 ORDER DATED: 14/07/2025 undefined entire subsequent process of obtaining a certified copy and obtaining sanction for filing the appeal commenced thereafter. The contention that the learned District Government Pleader was not aware about the passing of the judgment and award is highly deprecated by this Court. It was expected from the learned District Government Pleader to diligently monitor the status of each and every pending case listed before the concerned Court. The office of the learned District Government Pleader, has remained negligent and careless in not taking proper care and attention which was expected from him. However, State being the applicants, should not be made to suffer due to the negligence and fault of the learned District Government Pleader.
It is brought to the notice of the applicants that the concerned learned District Government Pleader should be warned by way of written communication, Page 5 of 6 Uploaded by MANOJ KUMAR(HC01092) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:31:10 IST 2025 NEUTRAL CITATION C/CA/375/2025 ORDER DATED: 14/07/2025 undefined directing that in future, he and his office must remain vigilant and not remain negligent in tracking the matters, which are pending in the Court. Indeed, the period of delay is huge; as observed above, the applicants should not suffer for the negligence of the learned District Government Pleader. Therefore, delay is condoned with a cost of Rs.15,000/- to be deposited by the learned District Government Pleader before the District Legal Service Authority, Bharuch. It is clarified that the said amount shall not be recovered by the learned Assistant Government Pleader from the applicants.
6. The present application is allowed and stands disposed of accordingly. Rule is made absolute to the aforesaid extent.
(D. M. DESAI,J) MANOJ Page 6 of 6 Uploaded by MANOJ KUMAR(HC01092) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:31:10 IST 2025