Special Land Acquisition Officer vs Momin Habibbhai Vazirbhai ...
2023 Latest Caselaw 4144 Guj

     C/CA/1750/2021                                  ORDER DATED: 07/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1750 of 2021
                                       In
                        F/FIRST APPEAL NO. 24927 of 2021

==========================================================
              SPECIAL LAND ACQUISITION OFFICER
                            Versus
       MOMIN HABIBBHAI VAZIRBHAI CHAUDHARY (DECEASED)
==========================================================
Appearance:
MS HETAL PATEL, AGP for the Applicant(s) No. 1,2
DECEASED LITIGANT for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 1.1,1.2,1.3,1.4,1.5,1.6
==========================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                Date : 07/06/2023

                                 ORAL ORDER

1. By this application under section 5 of the

Limitation Act, 1963, the applicant seeks

condonation of delay of 354 days caused in

filing the captioned First Appeal against the

judgment and order dated 31.12.2018 passed by

9th Additional Senior Civil Judge, Jamnagar in

Land Acquisition Reference No.99 of 2011.

2. Heard learned Assistant Government

Pleader Ms.Hetal Patel for the applicants.

C/CA/1750/2021 ORDER DATED: 07/06/2023

Though served no one appears for the

opponents.

3. Having regard to the submissions advanced

by the learned Assistant Government Pleader

Ms.Hetal Patel for the applicants and more

particularly considering the averments made in

the memorandum of application, the Court is of

the view that the delay caused in filing the

First Appeal has been sufficiently explained.

4. The application, therefore, succeeds and

is, accordingly, allowed. The delay caused in

filing the First Appeal is hereby condoned.

Rule is made absolute accordingly with no

order as to costs.

(BHARGAV D. KARIA, J)

PALAK