Gujarat High Court
Additional Special Land ... vs Chandrasinh Virsinh on 25 January, 2021
Bench: A.S. Supehia
C/CA/2169/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 2169 of 2019
In F/FIRST APPEAL NO. 15957 of 2019
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ADDITIONAL SPECIAL LAND ACQUISITION OFFICER
Versus
CHANDRASINH VIRSINH
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Appearance:
MR. ROHAN SHAH, ASSISTANT GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1,2,3
MR VIJAY N RAVAL(2025) for the Respondent(s) No. 1,1.1,1.2,1.3,1.4,1.5
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CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 25/01/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned Assistant Government Pleader Mr. Rohan Shah for
the applicant State and learned advocate Mr. Vijay Raval for the
respondents.
2. The applicants - State authorities have by this application prayed to
condone delay of 581 days, which has occurred in preferring the first
appeal against judgment and award dated 27.3.2017 in Land Acquisition
Reference Case No. 48 of 2014 by learned 2nd Senior Civil Judge,
Godhara.
3. The delay is sought to be explained by stating inter alia that after
judgment was delivered on 27.3.2017, certified copy of was applied on
18.4.2017. It became ready on 26.7.2017. The District Government
C/CA/2169/2019 ORDER
Pleader gave his opinion to prefer the appeal. The opinion was given on
19.3.2018. The Divisional Office thereafter submitted proposal on
2.4.2018. This proposal was further submitted to the Additional Engineer
on 10.5.2018. He again transmitted the proposal to the Road and
Building Department. At subsequent stage, the file was put up before the
Legal Department on 11.7.2018.
3.1 It is further stated that since there were some objections, time was
consumed. It was stated that check list was prepared. The requirements
mentioned in the check list were fulfilled. The Legal Department granted
approval on 19.1.2019. On 4.2.2019, the office of the Government
Pleader in the High Court was instructed to prefer the appeal. The appeal
was thereafter prepared and came to be filed.
4. The respondents have filed affidavit-in-reply opposing the
condonation of delay.
5. It is true that the procedural aspect is put forth by the applicants to
justify the delay. It is equally true that when it comes to the government
or its departments, consumption of time is inherent since the decision
making process has to travel through different levels, however the
processing of file has to be with due vigilance.
6. In the facts of the present case, though in larger interest of justice,
we are inclined to condone the delay occurred on part of the applicants
state, we indeed find that at more than one stages the governmental
authorities could have acted swiftly. Firstly, certified copy became ready
for delivery on 26.7.2017. However, the same was obtained after gape of
two months that is on 18.9.2017. Time was thereafter consumed in
C/CA/2169/2019 ORDER
giving legal opinion. From March, 2018 to February, 2019 the files
travelled at snail's speed. The lethargy on part of the authorities, in the
facts of the present case, could not be countenanced except by balancing
the rights of the parties by imposing cost on the applicant.
7. Therefore, though the delay is condoned, it is with the condition
that the applicants shall pay cost of Rs. 5000/-. The State may recover
such cost from the erring officer. Such cost shall be paid within 15 days
and the receipt thereof shall be produced on record of the appeal.
Civil Application stands disposed of. Rule is made absolute as
above.
(N.V.ANJARIA, J)
(A. S. SUPEHIA, J)
C.M. JOSHI
