Special Land Acquisition Officer vs Thakor Ranaji Dalaji (Expired)
2021 Latest Caselaw 10438 Guj

     C/CA/1490/2020                                 ORDER DATED: 03/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1490 of 2020

                       In F/FIRST APPEAL NO. 1684 of 2020

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                      SPECIAL LAND ACQUISITION OFFICER
                                   Versus
                       THAKOR RANAJI DALAJI (EXPIRED)
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Appearance:
MR.MANRAJ BAROT, AGP(1) for the Applicant(s) No. 1,2
DECEASED LITIGANT(100) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1.1,1.2,1.3
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 03/08/2021

                        ORAL ORDER

Heard learned Assistant Government Pleader Mr.Manraj Barot for the applicants- State and its authorities and learned advocate Mr.A.V.Prajapati for the respondents.

2. The Special Land Acquisition Officer, Mehsana has filed this application praying to condone the delay of 282 days which has occurred in preferring the First Appeal against common judgment and award dated 17.12.2018 passed by the learned Principal Senior Civil Judge, Mehsana in Land Reference Case No.735, 736, 738 to 740 of 2013, in so far as it relates to Land Reference Case No.739 of 2013.

3. Explaining the passage of time leading to delay, it is stated showing the chronology of events, after the judgment and award was pronounced on 17.12.2018, certified copy was applied on 18.12.2018 which was provided on 7.1.2019. Thereafter, the legal opinion from the office of the District Government Pleader was solicited about filing of appeal. The opinion was received on 7.1.2019 from the District Government Pleader's Office and

C/CA/1490/2020 ORDER DATED: 03/08/2021

thereafter opinion was also received of the Special Land Acquisition Officer.

3.1 Thereafter, proposal was forwarded from Divisional Officer to Circle Officer. It then travelled through the Legal Department, preferring of appeal was sanctioned and the papers were handed over to the office of Government Pleader in the High Court. It is in this process that the time elapsed to result into delay of 282 days.

4. Viewed from the standpoint that the applicant is State, certain leeway is not impermissible. When the applicant is State authority, decision making process has its own hierarchical administration requirement to be complied with. It could not be said that there was deliberate whiling away of time.

5. Sufficient cause is said to have been made out. Delay is condoned. Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi