Gujarat High Court
Special Land Acquisition And ... vs Varu Babulal Popat on 15 September, 2025
NEUTRAL CITATION
C/CA/79/2024 ORDER DATED: 15/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 79 of 2024
In F/FIRST APPEAL NO. 34316 of 2023
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SPECIAL LAND ACQUISITION AND REHABILITATION (IRRIGATION),
JAMNAGAR & ANR.
Versus
VARU BABULAL POPAT
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Appearance:
MR BHAVESH DESAI, AGP for the Applicant(s) No. 1,2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 15/09/2025
ORAL ORDER
1. This application is filed u/s 5 of the limitation Act, 1963 for condonation of delay of 834 days in filing first appeal.
2. Heard learned Assistant Government Pleader Mr. Bhavesh Desai for the applicants. Though served none appears for the respondent.
3. Learned AGP at the outset submitted that the judgment and award dated 12.02.2019 which has assailed by the applicants in the present First Appeal, was not made known to the applicants by the office of learned District Government Page 1 of 3 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:05:40 IST 2025 NEUTRAL CITATION C/CA/79/2024 ORDER DATED: 15/09/2025 undefined Pleader. The application for certified copy was applied on 02.03.2021 and received on 08.03.2021 and thereafter the process started for taking the decision to challenge the impugned award the process of taking decision, the delay has occurred. On 11.07.2023 the decision of challenging the appeal by way of First Appeal was remained known to the office of the learned District Government Pleader on 11.07.2023. It is submitted that the delay has been caused due to the procedural delay and there is no negligence or intentional delay on the part of the applicants.
4. Having considered the submissions and its fact which has been submitted by the learned AGP that the office of the learned District Government Pleader did not inform the applicants and the application for certified copy was made on 02.03.2021.
5. It appears from the submissions canvassed by the learned AGP that the applicants cannot be said to have remained Page 2 of 3 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:05:40 IST 2025 NEUTRAL CITATION C/CA/79/2024 ORDER DATED: 15/09/2025 undefined negligent and the reasons assigned in the application are sufficient to condoned the delay.
6. Considering the aforesaid submissions and averments made in the application and the submissions canvassed by the learned AGP sufficient cause is made out for condonation of delay. In the interest of justice delay is condoned.
(D. M. DESAI,J) KKN Page 3 of 3 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:05:40 IST 2025