Special Land Acquisition Officer vs Patel Arvindbhai Ashabhai
2021 Latest Caselaw 6113 Guj

      C/CA/864/2021                                ORDER DATED: 16/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 864 of 2021

                      In F/FIRST APPEAL NO. 8187 of 2021

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                      SPECIAL LAND ACQUISITION OFFICER
                                   Versus
                         PATEL ARVINDBHAI ASHABHAI
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Appearance:
MS.NIDHI VYAS, AGP(1) for the Applicant(s) No. 1,2
for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                               Date : 16/06/2021

                                 ORAL ORDER

In the facts of the case with consent and request of both the sides, this application was taken up for final consideration.

1.1 Rule returnable forthwith. Learned advocate Mr.Pinank Rayani waives service of rule on behalf of the respondent.

1.2 Heard learned Assistant Government Pleader Ms.Nidhi Vyas for the applicant- State and learned advocate for the respondent.

2. What is prayed in this application is to condone delay of 78 days which has occasioned in preferring First Appeal against the common judgment and award of the Reference Court dated 30.9.2019. Insofar as common judgment and award is relatable to Land Acquisition Reference No.427 of 2012.

3. The certified copy came to be applied immediately on 1.10.2019. Thereafter, the same was send to the District

C/CA/864/2021 ORDER DATED: 16/06/2021

Government Pleader. The question of preferring appeal was considered in the hierarchy of department. Before the final decision could be taken, in the meantime, period of pandemic intervened which slowed down the process. The applicant State has given date wise details of the stages in which the file was processed and ultimately, decision was taken by the applicant State to prefer the First Appeal.

4. The delay is attributable to the administrative reasons. There is no intentional delay for whiling away time at any stage. When it is Government, certain leeway would not be impermissible when proper reasons are shown. Sufficient cause is made out. Delay deserves to be condoned.

5. Accordingly, the present application is allowed. Delay of 78 days in preferring the First Appeal is condoned. Rule is made absolute.

(N.V.ANJARIA, J) Manshi