Land Acquisition Officer vs Boricha Lakhamanbhai Hirabhai
2021 Latest Caselaw 12408 Guj

     C/CA/1022/2021                                         ORDER DATED: 25/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1022 of 2021

                      In F/FIRST APPEAL NO. 12486 of 2021

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                         LAND ACQUISITION OFFICER
                                   Versus
                       BORICHA LAKHAMANBHAI HIRABHAI
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Appearance:
MS DIVYANGNA JHALA, AGP (1) for the Applicant(s) No. 1,2
RULE SERVED(64) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                 Date : 25/08/2021

                                     ORAL ORDER

Heard learned Assistant Government Pleader Ms.Divyangna Jhala for the applicant-State. None appears for the respondents though served with the Rule.

2. This application is filed praying to condone delay of 164 days which has taken place in filing First Appeal against judgment and award dated 13th June, 2019 passed by learned Principal Senior Civil Judge, Morbi in Land Acquisition Reference Case Nos.126,127,131 of 2017, in so far as it relates to L.R.C. No.127 of 2017.

3. Explaining the delay, it is stated in the application that after the judgment and award was pronounced on 13th June, 2019, certified copy was immediately applied and the same was received on 06th July, 2019. Thereafter proposal was mooted by Executive Engineer of Rajkot Irrigation Circle.

C/CA/1022/2021 ORDER DATED: 25/08/2021

Filing of appeal was recommended on 23rd December, 2020. File was thereafter forwarded to Revenue Department which, in turn, transmitted the papers to Legal Department. At the stage of consideration of the matter at Legal Department, certain queries were required to be satisfied. Finally, the appeal was filed. Delay has taken place in the above process.

4. The facts show that delay is due to administrative procedure required to be undertaken by the applicant-State authorities. There is no element of deliberate whiling away of time. Sufficient cause is therefore made out.

5. Delay is condoned. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) ANUP