State Of Gujarat vs Gohil Dabhaibhai Shankarbhai
2021 Latest Caselaw 12588 Guj

       C/CA/1101/2021                               ORDER DATED: 26/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CIVIL APPLICATION NO. 1101 of 2021
                    In F/FIRST APPEAL NO. 13412 of 2021
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                              STATE OF GUJARAT
                                    Versus
                        GOHIL DABHAIBHAI SHANKARBHAI
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Appearance:
MS. DIVYANGNA JHALA, ASSISTANT GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1,2,3
MR NIKUNT K RAVAL(5558) for the Respondent(s) No. 1
VIDIT S SHARMA(7365) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                               Date : 26/08/2021
                                ORAL ORDER

Heard learned Assistant Government Pleader Ms. Divyangna Jhala for the applicants State and its authorities and learned advocate Mr. Nikunt Raval for respondent.

2. By filling this Civil Application, the applicants State and its authorities seek to condone delay of 251 days. This delay has taken place in challenging judgment and award dated 28.2.2019 passed by learned Principal Senior Civil Judge, Kalol, Godhara, in group of Land Acquisition Cases.

3. It is stated to explain the delay that judgment and award was delivered by the Reference Court on 28.2.2019. The District Government Pleader applied for certified copy immediately on 24.3.2019, which was made available on 6.8.2019. Thereafter, it is stated that the following process was required to be undertaken administratively,

"(i) On 18.10.2019, the opinion of Special Land Acquisition Officer was received by the divisional officer.

C/CA/1101/2021 ORDER DATED: 26/08/2021

(ii) On 5.11.2019, the opinion of learned District Government Pleader and copy of judgment / order was received by the divisional office.

(iii) On 2.12.2019, the sub-divisional office forwarded a proposal to divisional office.

(iv) Then the proposal was forwarded to circle office from divisional office on 3.1.2020.

(v) The circle office then forwarded the proposal to the State Government on 21.12.2020.

(vi) On 26.4.2021, the legal department gave permission to file appeal before this court."

4. It is for the above essential administrative process required to be undertaken at the end of applicant government for the purpose of decision making process that the time consumed to result into aforesaid delay.

5. When it is the state authority, consumption of time becomes inherent before a final decision is reached since the process travels through the administrative hierarchies. A certain leeway is not impermissible in viewing the delay in such circumstances.

6. Resultantly, sufficient cause is made out to condone the delay of 251 days. Delay is condoned.

7. Civil Application is allowed. Rule is made absolute.

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