Special Land Acquisition Officer vs Patel Bholabhai Hirabhai
2021 Latest Caselaw 7216 Guj

      C/CA/68/2021                                        ORDER DATED: 29/06/2021


           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 68 of 2021
                     In F/FIRST APPEAL NO. 29375 of 2020
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                     SPECIAL LAND ACQUISITION OFFICER
                                  Versus
                        PATEL BHOLABHAI HIRABHAI
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Appearance:
MR TIRTHRAJ PANDYA, AGP (1) for the Applicant(s) No. 1,2
MR AV PRAJAPATI(672) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                            Date : 29/06/2021
                               ORAL ORDER

Heard learned Assistant Government Pleader Mr.Tirthraj Pandya for the applicants and learned advocate Mr.A.V. Prajapati for the respondent- original claimant.

2. The applicant has filed this application seeking to condone delay of 667 days which has taken place in preferring the First Appeal against common judgment and award dated 28th June, 2017 delivered by learned Principal Senior Civil Judge, Vijapur in LAR Nos.44 of 2015 to 55 of 2015 and LAR Nos.62 of 2016 to 71 of 2016 in so far as it relates to LAR No.45 of 2015.

3. After the pronouncement of the award on 28th June, 2017, certified copy was applied on 05 th July, 2017, which was received on 21st February, 2018. The certified copy was thus immediately applied.

3.1 Explaining the delay, it is stated that opinion of the District Government Pleader was received about preferring of appeal on 22nd February,

C/CA/68/2021 ORDER DATED: 29/06/2021

2018. The proposal was prepared and forwarded to the Superintending Engineer which was in turn transmitted to the State Government. The Secretary concerned examined the same and file was placed before the committee, which gave approval to prefer appeal.

3.2 The authorities thereafter took necessary steps and after this process, the office of Government Pleader received the file with decision to prefer appeal.

4. It is true that delay is seemingly large, however passage of time is attributable to the exhaustion of stages in the administrative hierarchy and decision making process. The applicants are the State authorities which functions as per the procedure and in its hierarchical order. The sequence of events and the consideration of matter leading to decision to file appeal does not reflect as such any lethargy or undue avoidance leading to waste of time.

4.1 Since the applicants are governmental authorities, certain leeway is not impermissible while judging the sufficiency of cause.

5. In the facts of the case, sufficient cause can be said to have been made out to take liberal approach to condone delay of 667 days. Accordingly, delay is condoned.

Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) ANUP