Special Land Acquisition Officer vs Parvatiben Ramanbhai Prajapati
2023 Latest Caselaw 8082 Guj

                                                                                   NEUTRAL CITATION




     C/CA/2071/2022                                 ORDER DATED: 06/11/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2071 of
                            2022

                      In F/FIRST APPEAL NO. 17363 of 2022

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                      SPECIAL LAND ACQUISITION OFFICER
                                   Versus
                      PARVATIBEN RAMANBHAI PRAJAPATI
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Appearance:
MR.ADITYA DAVDA AGP for the Applicant(s) No. 1,2,3
RULE SERVED for the Respondent(s) No. 1,3,4,5
UNSERVED EXPIRED (R) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                               Date : 06/11/2023

                                 ORAL ORDER

1. Though Rule is served, none appears for the respondents.

2. Heard learned Assistant Government Pleader Mr.Aditya Davda for the applicants.

3. This application is filed under Section 5 of the Limitation Act for condonation of delay of 3506 days caused in preferring the First Appeal.

4. Learned Assistant Government Pleader submits that the cause of delay is attributed to the time consumed in decision making process. While the applicants initiated the

NEUTRAL CITATION

C/CA/2071/2022 ORDER DATED: 06/11/2023

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process of filing the First Appeal, it was noticed that there were discrepancies in the impugned judgment and decree, and hence, necessary application for review with delay was filed before the trial Court, wherein the trial Court had condoned the delay by order dated 27.11.2019 and thereafter Civil Misc. Application No.55 of 2019 for rectifying an error came to be allowed on 12.02.2022. Thereafter, certified copies of the amended judgment and decree were obtained. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicants.

5. It is submitted by the learned Assistant Government Pleader that in view of the above factual background, delay has occurred which was not in control of the applicants. After obtaining the certified copy of the judgment and decree, the file had traveled from different departments of the applicants. It is further submitted that if the delay is not condoned, the appeal of the present applicants would be futile and great financial loss would be caused to the Government.

6. Considered the contentions and the submissions of learned Assistant Government Pleader and the averments made in the Civil Application stating that the file has travelled from different departments and the cause for delay is administrative procedure and time consumed in decision making process. The

NEUTRAL CITATION

C/CA/2071/2022 ORDER DATED: 06/11/2023

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delay is not intentional and there was no lethargy on the part of the applicants. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.

7. The present Civil Application is allowed. Rule is made absolute.

(D. M. DESAI,J) MANOJ