Special Land Acquisition Officer vs Patel Shivabhai Bababhai
2021 Latest Caselaw 6532 Guj

       C/FA/493/2021                                IA ORDER DATED: 21/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


     CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2021
         in CIVIL APPLICATION 1 of 2021 (for bringing legal heirs)
                    In R/FIRST APPEAL NO. 493 of 2021
==========================================================

PATEL SHIVABHAI BABABHAI Versus SPECIAL LAND ACQUISITION OFFICER ========================================================== Appearance:

MR AV PRAJAPATI for the PETITIONER(s) No. GOVERNMENT PLEADER for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 21/06/2021

IA ORDER

In the facts of the case and having regard to the consent and request of learned advocates appearing for the parties, the application was taken up for final consideration.

1.1 Rule, returnable forthwith. Learned Assistant Government Pleader Mr. Tirthraj Pandya waives service of Rule on behalf of the respondent State.

2. Heard learned advocate Mr. A. V. Prajapati for the applicant and learned Assistant Government Pleader.

3. It is to condone the delay of 250 days which was taken place in preferring the civil application for bringing the heirs and legal representatives of original claimant Patel Shivabhai Bababhai, that the present application is filed. The original claimant Patel Shivabhai Bababhai died on 11.4.2019. Copy of the death certificate is annexed. The death occurred after pronouncement of judgment and award of the

C/FA/493/2021 IA ORDER DATED: 21/06/2021

Reference court.

3.1 It was stated that the respondents did not deposit the amount until 2020 pursuant to judgment and award passed by the Reference court in the year 2018. After receiving the notice of Civil Application for condonation of delay in filling the First Appeal preferred by the respondents, the applicant contacted the advocate at the High Court to prefer the appeal.

3.2 As the death of the original claimant Patel Shivabhai Bababhai occurred after judgment and award of the Reference court, the application to bring the heirs was also required to be filed alongwith the appeal proceedings. There is delay in that on account of the above reasons.

5. Explanation makes out sufficient cause. Lenient approach is required to be adopted when it comes to condone the delay in filling the application for bringing the heirs on record.

6. Resultant, delay of 250 days occurred in filling the civil application to bring on record the legal heirs, is allowed.

7. Civil Application is accordingly allowed. Rule is made absolute.

(N.V.ANJARIA, J) C.M. JOSHI