Land Acquisition And ... vs Patel Manaharbhai Somabhai
2021 Latest Caselaw 11219 Guj

      C/CA/1027/2021                                       ORDER DATED: 09/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 1027 of 2021

                       In F/FIRST APPEAL NO. 12488 of 2021

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            LAND ACQUISITION AND REHABILITATION OFFICER
                               Versus
                   PATEL MANAHARBHAI SOMABHAI
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Appearance:
MS DIVYANGNA JHALA, AGP (1) for the Applicant(s) No. 1,2
MR JINESH H KAPADIA(5601) for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                               Date : 09/08/2021

                                   ORAL ORDER

Heard learned Assistant Government Pleader Ms.Divyangna Jhala for the applicant and learned advocate Mr.Jinesh Kapadia for the respondents.

2. The Land Acquisition & Rehabilitation Officer has filed this application seeking to condone delay of 137 days. The delay is occurred in filing appeal against judgment and award dated 18th July, 2019 passed by learned Principal Senior Civil Judge, Vijapur in Land Acquisition Reference Nos.1-2 of 2017, insofar as award concerns LAR No.1 of 2017.

3. Explaining the delay, it is stated that after the judgment and award was pronounced on 18th July, 2019, certified copy was applied. Thereafter opinion of the District Government Pleader was sought. The same was received on 23rd September, 2019. Thereafter on 05th October, 2019 Deputy Collector gave his opinion for preferring appeal. Proposal was

C/CA/1027/2021 ORDER DATED: 09/08/2021

forwarded thereafter by the Circle Office to the State Government, which was on 04th January, 2020. On 23rd September, 2020 the committee constituted for the purpose recommended that appeal may be preferred. The file was cleared by the Revenue Department and Legal Department and thereafter to result in filing of the appeal by the office of the Government Pleader in the High Court.

4. The above sequence shows that delay of 137 days has taken place in undergoing administrative procedure. The applicant being State, certain leeway is not impermissible for them inasmuch as consumption of time could be inherent to an extent in the decision making process by the State authorities.

5. In the aforesaid view, appeal could be said to have been explained. Sufficient cause is made out. Delay of 137 days is condoned. Rule is made absolute.

(N.V.ANJARIA, J) ANUP