Gujarat High Court
Special Land Acquisition Officer, ... vs Chandubhai Kalubhai on 21 April, 2025
NEUTRAL CITATION
C/CA/6029/2024 ORDER DATED: 21/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6029 of
2024
In F/FIRST APPEAL NO. 33718 of 2024
With
R/CIVIL APPLICATION NO. 6032 of 2024
In
F/FIRST APPEAL NO. 33720 of 2024
With
R/CIVIL APPLICATION NO. 6040 of 2024
In
F/FIRST APPEAL NO. 33696 of 2024
With
R/CIVIL APPLICATION NO. 6044 of 2024
In
F/FIRST APPEAL NO. 33724 of 2024
With
R/CIVIL APPLICATION NO. 6047 of 2024
In
F/FIRST APPEAL NO. 33733 of 2024
With
R/CIVIL APPLICATION NO. 6060 of 2024
In
F/FIRST APPEAL NO. 33734 of 2024
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SPECIAL LAND ACQUISITION OFFICER, ANAND & ANR.
Versus
CHANDUBHAI KALUBHAI
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Appearance:
MR MANOHAR RAHEVAR AGP for the Applicant(s) No. 1,2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 21/04/2025
ORAL ORDER
1. Heard Mr. Manohar Rahevar, learned AGP on record
appearing for applicant- State.
NEUTRAL CITATION
C/CA/6029/2024 ORDER DATED: 21/04/2025
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2. The record reveals that Rule issued by this Court upon the
respondent- original claimant has been duly served, however, they
have chosen not to contest the application seeking condonation of
delay.
3. Learned AGP invited my attention to the averments made in
the application and has submitted that the impugned judgment and
award was pronounced on 06.12.2023 the certified copy of which
was applied for. The opinion of Government Pleader was sought for
by the Executive Engineer, Road and Building Department on
16.12.2023. On 01.01.2024, the office of Dy. Collector, Anand had
forwarded his opinion to the office of Executive Engineer, Road and
Building Department, which was received on 05.01.2024
thereafter, on 16.01.2024, the office of Executive Engineer, Road
and Building Department, Anand had prepared a written proposal
and forwarded to Circle Office, Road and Building Department,
Ahmedabad. On 23.01.2024, the aforesaid officer had forwarded to
the concerned department. On 14.05.2024, the legal department
sanctioned for preferring an appeal before the High Court. Learned
AGP has further submitted that looking to the aforesaid fact was
communicated to the office of Government Pleader and the
certified copy of the impugned judgment and award, along with the
requisite papers were supplied to office Government Pleader
03.06.2024. The requisite court fees was submitted before the
office of Government Pleader on 13.08.2024.
4. By making aforesaid submission learned AGP submitted that
because of the procedure and instructions to be followed, time was
consumed to approach this Court. All through out the State was
pursing the matter to approach in appeal. There was no inaction or
negligence on the part of State-authorities. He has therefore, urged
NEUTRAL CITATION
C/CA/6029/2024 ORDER DATED: 21/04/2025
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this Court to take liberal view and to condone the delay.
5. Apt would be to look into the recent decision of the Hon'ble
Supreme Court in this regard. In the case of Sheo Raj Singh and
Ors. Vs. Union of India, reported in 2023 INSC 885, while
upholding the discretionary powers of the appellate Court,
emphasized on the distinction between an 'explanation' and an
'excuse', by observing that mere excuses would not suffice, a
satisfactory and acceptable explanation is must.
6. Considering the aforesaid submissions made by the learned
Assistant Government Pleader and in absence of any contradictory
facts being brought on record by the opponents, in the opinion of
this Court, it cannot be treated as a case of mere excuse rather the
dates suggest that matter was persuade for appeal, however, due
to impersonal nature of government sanctioning, consumed the
time in approaching in appeal. Hence, the present application
seeking condonation of delay is hereby allowed.
7. Delay caused in preferring the appeal is hereby condoned.
Rule is made absolute. Registry is directed to give pakka number to
the captioned first appeals.
(NISHA M. THAKORE,J)
Radhika
