Special Land Acquisition Officer vs Pareshbhai Ramanbhai Patel
2021 Latest Caselaw 10619 Guj

       C/CA/803/2021                                ORDER DATED: 04/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 803 of 2021

                       In F/FIRST APPEAL NO. 8558 of 2021

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                       SPECIAL LAND ACQUISITION OFFICER
                                    Versus
                         PARESHBHAI RAMANBHAI PATEL
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Appearance:
MS. DIVYANGNA JHALA, ASSISTANT GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1,2,3
MR VIMAL A PUROHIT(5049) for the Respondent(s) No. 1
SHRENIK R JASANI(9486) 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 advocates for the respective parties.

2. It is to condone delay of 303 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. The judgment and award of the Reference Court was pronounced on 27.2.2019. Thereafter, certified copy was applied immediately and the same was received on 29.5.2019. Explaining the passage of time in filling the appeal, it was stated that thereafter the case file was sent for obtaining opinion of the District Government Pleader on 14.6.2019. It was received on 18.6.2019. Thereafter, the Deputy Collector gave his opinion and the proposal was forwarded to the Road and Building Department. Certain queries were satisfied and after meeting with the

C/CA/803/2021 ORDER DATED: 04/08/2021

queries, the proposal was forwarded to the Legal Department which granted permission to file appeal by order dated 4.12.2020. The appeal was thereafter prepared and filed at the level of the office of Government Pleader in the High Court.

4. The facts above stated on oath indicate that the time was consumed administratively. The applicant appellant is State and the decision making process has to travel through various stages. In this process time has elapsed to result into the delay. It could not be said that any personal negligence is attributable as such which led to delay.

5. Sufficient cause is made out. Delay is condoned. Rule is made absolute.

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