State Of Gujarat vs Shantilal Chhaganbhai Radadiya
2021 Latest Caselaw 2487 Guj

         C/CA/4087/2019                                     ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/CIVIL APPLICATION NO. 4087 of 2019
                In F/FIRST APPEAL NO. 37299 of 2019
                               With
               R/CIVIL APPLICATION NO. 4088 of 2019
                               With
               R/CIVIL APPLICATION NO. 4089 of 2019
                               With
               R/CIVIL APPLICATION NO. 4090 of 2019
                               With
               R/CIVIL APPLICATION NO. 4091 of 2019
                               With
               R/CIVIL APPLICATION NO. 4093 of 2019
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                         STATE OF GUJARAT
                               Versus
                  SHANTILAL CHHAGANBHAI RADADIYA
================================================================
Appearance:
MS DHWANI TRIPATHI, AGP and MR ROHAN SHAH, AGP (1) for the
Applicant(s) No. 1,2
MR TUSHAR L SHETH(3920) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA
                      Date : 17/02/2021
                   COMMON ORAL ORDER

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

1. Heard learned Assistant Government Pleaders Ms.Dhwani Tripathi and Mr.Rohan Shah for the applicants in the respective Civil Applications, in which they appeared and learned advocate Mr.Tushar L. Sheth for the opponents in each of the applications.

2. In all the applications captioned herein are filed by the State through Secretary, Narmada, Water Resources, Water Supply and Kalpsar Department, it is prayed to condone the delay, which has occurred in preferring the respective First Appeals. The proposed First Appeals are directed against judgment and awards being in group of Land Reference Case Nos.222 to 229 of 2005 and 01 to 06 of 2003 decided by a common judgment and award dated

C/CA/4087/2019 ORDER

28.01.2019 passed by Principal Senior Civil Judge, Dhoraji, in which delay of 195 days is prayed to be condoned.

3. The explanation furnished for delay runs parallel in each cases. It was stated that the judgment and award was pronounced on 28.01.2019, thereafter certified copy was applied for by District Government Pleader on 29.05.2019. The certified copy was made available on 15.06.2019. It was further stated that after fulfilling necessary queries, on 05.09.2019, the proposal was submitted to the Superintending Engineer, Rajkot Irrigation Project Circle, through whom on 07.09.2019, the proposal was submitted before the Narmada Water Supply, Water Resources and Kalpsar Department of the State Government and pursuant to the same, on 16.09.2019, the file was placed to submit the case before the committee headed by the Additional Secretary (South Gujarat), Narmada, Water Resources, Water Supply and Kalpsar Department and the approval was given on the proposal, whereby on 16.09.2019, the committee had given approval to prefer Appeal before this Court. It was also stated that the office of Government Pleader received the file on 22.10.2018 to prefer an appeal without certified copy of the judgment and award. It was stated that on 08.11.2019, the papers were given to the concerned Assistant Government Pleader for drafting and on the same day, the draft of the First Appeals with Civil Applications for stay and delay were prepared and sent for approval.

4. Finally, it is submitted by learned Assistant Government Pleaders that in identical group of matters, this Court has condoned the delay ranging between 178 days to 195 days. Hence, the delay may be condoned.

5. Learned advocate Mr.Tushar L Sheth is unable to dispute that this Court has condoned the delay ranging between 178 days to 195 days in identical group of matters vide common order dated

C/CA/4087/2019 ORDER

18.01.2021 passed in Civil Application No.4056 of 2019 and allied civil applications.

6. Thus, it could be seen that delay has resulted in preferring the First Appeals on account of fact that the decisional process travelled through the hierarchy in the Government departments at different levels. The applicant Government is an impersonal body. The consumption of time is inherent element in the decision making process. As the applicants are the Government and its department, certain leeway could be permissible when the passage of time was due to procedural requirement. The delay is also not too large to be treated as unreasonable. This Court has condoned the delay of ranging between 178 days to 195 days in identical group of matters vide common order dated 18.01.2021 passed in Civil Application No.4056 of 2019 and allied matters.

7. In this view, it could not be said that there is no sufficient cause. Delay therefore deserves to be condoned.

8. Resultantly, all the applications are allowed by condoning the delay in each cases. Rule is made absolute in all.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) NEHA GUPTA