Special Land Acquisition Officer ... vs Heirs Of Vasava Valjibhai ...
2021 Latest Caselaw 12612 Guj

       C/CA/1059/2021                                 ORDER DATED: 26/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 1059 of 2021

                        In F/FIRST APPEAL NO. 12481 of 2021

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     SPECIAL LAND ACQUISITION OFFICER AND DEPUTY COLLECTOR
                              Versus
        HEIRS OF VASAVA VALJIBHAI SHANABHAI ALIAS RATNANA
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Appearance:
MS. DIVYANGNA JHALA, ASSISTANT GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1,2,3
for the Respondent(s) No. 1,2
RULE SERVED(64) for the Respondent(s) No. 1.1,1.2,1.3
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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. All the respondents are served, but none has chosen to appear.

2. It is to condone the delay of 703 days which has occasioned in challenging the judgment and award of the Reference Court impugned in the First Appeal, that the present Civil Application has been filed by the applicants.

3. To explain the delay, it is stated that after deliverance of the judgment and award by the Reference Court on 12.1.2018, opinion of District Government Pleader was received on 27.3.2019. The file was travelled through different heirarchies and the proposal was returned on 5.12.2019 with some queries. The queries were satisfied and Legal Department granted approval on 19.3.2020 for preferring the appeal. The

C/CA/1059/2021 ORDER DATED: 26/08/2021

file was received in the office of Government Pleader on 20.3.2020 for preparing the appeal.

4. It is pleaded and it is matter of judicial notice that from 2nd Week of March, 2020, Covid 19 pandemic breakout to bring about the entire affairs of the society to a standstill. The government departments and boards have no exceptions. Time was further elapsed in view of such factors beyond control to result into delay of 703 days.

5. On an overall view, sufficient cause could be said to be made out. Delay deserves to be condoned. Delay of 703 days is therefore condoned. Civil Application is allowed. Rule is made absolute.

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