Gujarat High Court
Special Land Acquisition Officer vs Tadavi Kamajibhai Gopalbhai on 26 August, 2021
Bench: N.V.Anjaria
C/CA/1060/2021 ORDER DATED: 26/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1060 of 2021
In F/FIRST APPEAL NO. 12482 of 2021
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SPECIAL LAND ACQUISITION OFFICER
Versus
TADAVI KAMAJIBHAI GOPALBHAI
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Appearance:
GOVERNMENT PLEADER(1) for the Applicant(s) No. 1,2
MR NIKUNT K RAVAL(5558) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 1,2
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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 No.3. Rule is served on respondent Nos. 1
and 2, however neither of them have chosen to appear.
2. By this application, the applicants have prayed for condoning the
delay of 700 days. The delay has taken place in filling the First Appeal
challenging judgment and award dated 30.12.2017 passed by learned
Principal Senior Civil Judge, Rajpipla, Narmada in Land Reference Case
No. 5 of 2010.
3. The judgment and award was delivered by Reference Court on
30.12.2017 and certified copy was immediately applied on 30.12.2017
itself, which became available on 25.1.2018. Time thereafter elapsed is
explained stage wise by the applicants which is as under,
(i) Report from the Land Acquisition Officer of the Sardar Sarovar
Rehabilitation Agency was received by the Narmada, Water
Resources and Water Supply and Kalpsar Department on
23.3.2018.
C/CA/1060/2021 ORDER DATED: 26/08/2021
(ii) On 6.4.2018, the report was received from Land Acquisition
Officer of the Sardar Sarovar Rehabilitation Agency.
(iii) It was contemplated to prefer the Review, for which the
Additional Chief Secretary granted approval on 19.4.2018.
(iv) Thereafter the issue was considered amongst the officers
handling the file and ultimately on 10.6.2019 Additional Chief
Secretary granted the approval for filling the appeal and the
decision was sent to the Legal Department for approval.
(iv) Some queries were raised, which were satisfied and the file
was again sent to the Legal Department for approval on 19.9.2019.
The Legal Department granted final approval to prefer the appeal
as in another similar LAR case No. 7 of 2010, the Legal
Department had taken decision to prefer the appeal.
(v) Thereafter, the case file was sent to the office of the
Government Pleader, High Court of Gujarat for preferring the
appeal.
4. The above sequence show that time was passed-by in the process
of decision making. It is difficult pin-point exact negligence in the entire
process. The intention was clear when the certified copy was applied
immediately and was obtained immediately.
5. In the aforesaid view and in absence of serious objection, delay
deserves to be condoned as sufficient cause is made out. Therefore, delay
of 700 days is condoned. Civil Application is allowed. Rule is made
absolute.
(N.V.ANJARIA, J)
C.M. JOSHI
