State Of Gujarat Through Deputy ... vs Ranchhodbhai Gorabhai
2021 Latest Caselaw 1805 Guj

         C/CA/3496/2019                                          ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CIVIL APPLICATION NO. 3496 of 2019
                  In F/FIRST APPEAL NO. 18705 of 2019
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        STATE OF GUJARAT THROUGH DEPUTY SECRETARY
                           Versus
                  RANCHHODBHAI GORABHAI
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Appearance:
MR ROHAN SHAH, AGP(1) for the Applicant(s) No. 1,2,3
MR VIJAY N RAVAL(2025) for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA
                      Date : 08/02/2021
                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application is filed seeking condonation of delay of 531 days caused in filing the accompanying First Appeal.

2. Learned Assistant Government Pleader for the applicants­appellants, while explaining the delay has submitted that the impugned judgment and award was passed by the Reference Court / Principal Senior Civil Judge, Lunawada on 28.09.2017, certified copy thereof was applied on 13.10.2017 and it became ready for delivery on 02.02.2018. Learned Assistant Government Pleader has further submitted that after receipt of the certified copy of the judgment and award, the concerned learned District Government Pleader had submitted an opinion for preferring an appeal and thereafter, on 02.05.2018 the Superintending Engineer, Ahmedabad Irrigation Project had

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submitted a proposal, which was received by the concerned Department on 05.05.2018, whereby, on 29.06.2018 the file was put up for approval for placing the case before the Land Acquisition Committee and accordingly the State Government, through its Narmada Water Resources, Water Supply and Kalpsar Department on 05.07.2018 had permitted to place the case before the Land Acquisition Committee. It is further submitted that thereafter, on 01.08.2018 the said Committee approved the case for preferring an appeal before this court and in view of the same on 20.08.2018 the concerned Department had taken a decision to place the case before the Revenue and Legal Departments of the State Government for further approval and on 01.10.2018 the Revenue Department had granted permission for preferring an appeal with instructions to submit the file before the Legal Department for further approval and thereafter, the Legal Department on 08.10.2018 granted permission for preferring the appeal and the said instruction was forwarded to the Superintending Engineer on 16.10.2018 with instructions to contact the Office of the Government Pleader to initiate further procedure for preferring the accompanying First Appeal before this court.

2.1 Learned Assistant Government Pleader has further submitted that in the meantime the Office of the Government Pleader received the file on

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11.10.2018 for preferring the appeal without the receipt of the certified copy of the judgment and award and, therefore, the Office of the Government Pleader had sent a fax on 15.10.2018 to the present applicants to supply the Certified Copy of the impugned judgment and award and thereafter, on 01.12.2018 the same was provided to the Office of the Government Pleader and after receipt thereof further papers were given to the concerned learned Assistant Government Pleader for drafting, whereby the draft was prepared and on 15.01.2019 the draft was sent for approval and after approval and in receipt of relevant typed copies of the documents, the appeal was filed before this court. Lastly, it is urged that the delay is nothing but a procedural aspect and the same was not willful or deliberate and/or inaction on the part of any of the departments of the Government and, therefore, the same may be condoned in the interest of justice.

3. Learned advocate Mr.Vijay Raval appearing on behalf of the opponents­original claimants has submitted that the delay may not be condoned and the application may be rejected.

4. Having regard to the submissions advanced by the learned advocates for the respective parties as well as the averments made in the application, it is noticed that the delay of 531 days has occurred due to bureaucratic methodology. The

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time is whiled away due to unnecessary communications, which could have been avoided, however, we are of the considered opinion that, in the larger interest of justice, some latitude is required to be shown in favour of the applicants. Since we find that the time is whiled away because of unnecessary communications, the delay is condoned on the condition of payment of cost of Rs.5,000/­ to the opponent­original claimants.

5. Accordingly, the delay of 531 days is hereby condoned. The present application stands allowed to the aforesaid extent. RULE is made absolute.

Sd/­ (N.V.ANJARIA,J) ` Sd/­ (A.S.SUPEHIA,J) NVMEWADA