Land Acquisition Officer vs Boricha Mamaiyabhai Hirabhai
2021 Latest Caselaw 9930 Guj

     C/CA/1021/2021                                    ORDER DATED: 29/07/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1021 of 2021

                      In F/FIRST APPEAL NO. 12485 of 2021

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                          LAND ACQUISITION OFFICER
                                   Versus
                        BORICHA MAMAIYABHAI HIRABHAI
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Appearance:
MS DIVYANGNA JHALA, AGP(1) for the Applicant(s) No. 1,2
MR NITIN M AMIN(126) for the Respondent(s) No. 1
MR SANJAY M AMIN(130) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                 Date : 29/07/2021

                                  ORAL ORDER

Heard learned Assistant Government Pleader Ms.Divyangna Jhala for the applicant and learned advocate Mr.Nitin Amin for the respondent.

2. This application is filed praying to condone the delay of 164 days. The delay has taken place in preferring the appeal against common judgment and award (present appeal is referable to Land Reference Case No.126 of 2017) of the Reference Court.

3. Explaining the delay it is stated in paragraph No.3 of the application that certified copy of the judgment and award dated 13.6.2019 was immediately applied on 6.7.2019, thereafter the learned Assistant Government Pleader made proposal which was received by the department on 3.12.2020. Filing of appeal was recommended. File was processed through the Revenue Department and finally Legal Department sanctioned filing of the appeal.

C/CA/1021/2021 ORDER DATED: 29/07/2021

4. The passage of time leading to 164 days is due to the decision making process and administrative hierarchy of the applicant- appellant, which is State authority. In that view, consumption of time is to be viewed with some leniency. It can be said that sufficient cause is made out to condone the delay of 164 days.

5. Delay is condoned. The present application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi