Land Acquisition Officer vs Amariben Bhurabhai
2021 Latest Caselaw 10271 Guj

     C/CA/1019/2021                                   ORDER DATED: 02/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1019 of 2021

                      In F/FIRST APPEAL NO. 12493 of 2021

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                          LAND ACQUISITION OFFICER
                                   Versus
                            AMARIBEN BHURABHAI
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Appearance:
MR MANRAJ BAROT, AGP(1) for the Applicant(s) No. 1,2
RULE NOT RECD BACK(63) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 02/08/2021

                                 ORAL ORDER

Heard learned Assistant Government Pleader Mr.Manraj Barot for the applicants.

2. This application is filed praying to condone the delay of 161 days. The delay has taken place in preferring the appeal against common judgment and award (present appeal is referable to Land Reference Case No.37 of 2017) of the Reference Court.

3. Explaining the delay it is stated in paragraph No.2 of the application that certified copy of the judgment and award dated 13.6.2019 was immediately applied on 6.7.2019, thereafter the learned Assistant Government Pleader made proposal which was received by the department on 3.12.2020. Filing of appeal was recommended. File was processed through the Revenue Department and finally Legal Department sanctioned filing of the appeal.

4. The passage of time leading to 161 days is due to the

C/CA/1019/2021 ORDER DATED: 02/08/2021

decision making process and administrative hierarchy of the applicant- appellant, which is State authority. In that view, consumption of time is to be viewed with some leniency. It can be said that sufficient cause is made out to condone the delay of 161 days.

5. Delay is condoned. The present application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi