Gujarat High Court
Hardas Gokal vs State Of Gujarat Through Deputy ... on 17 February, 2021
Bench: Biren Vaishnav
C/CA/447/2021 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/CIVILAPPLICATIONNO. 447 of 2021
In F/FIRSTAPPEALNO. 2296of 2021
With
R/CIVILAPPLICATIONNO. 448 of 2021
With
R/CIVILAPPLICATIONNO. 449 of 2021
With
R/CIVILAPPLICATIONNO. 450 of 2021
With
R/CIVILAPPLICATIONNO. 451 of 2021
==========================================================
HARDASGOKAL
Versus
STATEOF GUJARATTHROUGHDEPUTYCOLLECTORANDLANDACQUISITION
OFFICERANDREHABILITATION
==========================================================
Appearance:
MRNITINM AMIN(126)for the Applicant(s)No. 1
MRSANJAYM AMIN(130)for the Applicant(s)No. 1
for the Respondent(s)No. 2
MR. BHARATVYAS,ASSISTANTGOVERNMENTPLEADER/PP(99)for the Respondent(s)
No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date: 17/02/2021
ORALORDER
1 Rule returnable forthwith. Heard Mr.Nitin Amin, learned
advocate for the applicants and Mr.Bharat Vyas, learned Assistant
Government Pleader for the respondent - State.
2 Mr.Nitin, learned advocate for the applicants, relies on an
order passed by this Court, wherein, considering the reasons
advanced by the applicants, the Court had condoned the delay of
C/CA/447/2021 ORDER
827 days. The order reads as under:
"In the facts of the case, Rule returnable forthwith. Learned
Assistant Government Pleader Ms. Asmita Patel waives service
of rule on behalf of the respondent State.
1.1 Heard learned advocate Mr. Nitin Amin for the applicant
and learned Assistant Government Pleader for the respondent
State.
2. This application is filed praying to condone the delay of
827 days that has occurred in preferring the appeal. The
applicant is the original claimant in the judgement and award
declared by the Reference Court being the Court of learned
Additional Senior Civil Judge, Dhoraji in Land Reference Case
No.210 of 2005 to 221 of 2005.
3. Explaining the delay it is stated in the memorandum of
the application that the lands were acquired in the month of
April, 2001; the Reference Court passed judgment and award in
May, 2018; the State Government deposited the amount in the
year 2019 and the same came to be disbursed to the applicant
in the month of January, 2020 and till then the applicant did
not have the funds to meet with the Court fee requirement. It
was submitted that in the intervening lockdown period, further
time elapsed, and the appeal could be filed. These circumstances
resulted into delay of 827 days.
4. It was additionally stated that in respect of the same
acquisition other First Appeals have been filed against the
judgment and award of the Reference Court concerned, one of
which was Civil Application No.25267 of 2020 in First Appeal
(Stamp) No.14488 of 2020. In this Civil Application for delay,
it was stated, the court has already condoned the delay.
5. For all the aforesaid reasons it could be said that
sufficient cause is made out to condone the delay of 827 days.
Accordingly, delay of 827 days is condoned. The present
application is allowed. Rule is made absolute."
3 Learned Assistant Government Pleader would strongly object
to the condonation of delay and submit that the fact of the closure
C/CA/447/2021 ORDER
of courts would not render sufficient cause for condoning the delay.
4 Considering the submissions made by the learned advocate
for the respective parties, the delay so occurred in preferring the
respective appeals is hereby condoned. Civil Applications are
accordingly, allowed. Rule made absolute in each application.
(BIRENVAISHNAV,J)
BIMAL
