Special Land Acquisition Officer vs Himmatrav Anandrav Shinde Poa Of ...
2021 Latest Caselaw 10611 Guj

        C/CA/183/2021                                ORDER DATED: 04/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 183 of 2021

                         In F/FIRST APPEAL NO. 342 of 2021

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                SPECIAL LAND ACQUISITION OFFICER
                             Versus
      HIMMATRAV ANANDRAV SHINDE POA OF RAJMATA SHANTADEVI
                           GAIYAKWAD
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Appearance:
MR. MANRAJ BAROT, ASSISTANT GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1,2,3
RULE SERVED(64) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                 Date : 04/08/2021

                                   ORAL ORDER

Heard learned Assistant Government Pleader Mr. Manraj Barot for the applicant State and its authorities.

2. Rule is served, however none appears for the respondent.

3. It is to condone delay of 238 days which has occasioned at the end of applicant appellant State and its authorities in preferring the First Appeal against the judgment and award passed by the Reference Court impugned in the First Appeal that the present Civil Application is filed.

3.1 The delay is explained by giving stage wise details. Judgment and award of the Reference Court was pronounced on 22.4.2019. Certified copy was applied immediately thereafter and the same became available on 17.10.2019. Thereafter, opinion of District Government Pleader was

C/CA/183/2021 ORDER DATED: 04/08/2021

taken. Opinion of the Land Acquisition Officer was also obtained. Proposal was routed through the different levels in the Divisional Office and the in the office of Superintendent Engineer and thereafter at the level of Road and Building Department and the proposal was examined. The Legal Department granted sanction on 29.9.2020. Finally when the appeal was preferred, it was delayed by 238 days.

4. The circumstances and events do not suggest that there is any intentional or deliberate delay. The applicant appellant is state and consumption of time in decision making process is inherent to certain extent. In any view, since it is the State government, certain leeway is not impermissible.

5. In view of all these, sufficient cause is made out. Delay is condoned. Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) C.M. JOSHI