Special Land Acquisition Officer vs Heirs Of Decd Raybhanji Lakhaji
2025 Latest Caselaw 1816 Guj

Gujarat High Court

Special Land Acquisition Officer vs Heirs Of Decd Raybhanji Lakhaji on 4 August, 2025

                                                                                                           NEUTRAL CITATION




                             C/CA/1663/2024                                 ORDER DATED: 04/08/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1663 of
                                                    2024

                                              In F/FIRST APPEAL NO. 9606 of 2024

                      ==========================================================
                                       SPECIAL LAND ACQUISITION OFFICER & ANR.
                                                       Versus
                                       HEIRS OF DECD RAYBHANJI LAKHAJI & ORS.
                      ==========================================================
                      Appearance:
                      MS.DEVANSHI PATEL AGP for the Applicant(s) No. 1,2
                      DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
                      for the Respondent(s) No. 1.4
                      NOTICE SERVED for the Respondent(s) No. 1.1,1.2,1.3
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                       Date : 04/08/2025

                                                        ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act,1963 for condonation of delay of 522 days caused in preferring the First Appeal.

2. Heard learned AGP Ms.Devanshi Patel for the applicants. Though served, none appeared for respondents.

3. Learned Assistant Government Pleader for the applicants submitted that judgment and award was pronounced on 01.07.2022. On 07.07.2022, applicants

NEUTRAL CITATION

C/CA/1663/2024 ORDER DATED: 04/08/2025

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applied for certified copy and the same was received on 16.07.2022. Learned advocate for the applicants further submitted that after receiving the certified copy, file sent for legal opinion to the concerned department. The cause for delay is attributed to the time consumed in seeking legal opinion from the concerned department and the reason for delay is administrative procedure. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicants.

4. Having considered the submissions and having considered the averments made in the application, the reason for delay is administrative procedure and time consumed in decision making process. 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

NEUTRAL CITATION

C/CA/1663/2024 ORDER DATED: 04/08/2025

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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.

5. The application is allowed and stands disposed of.

(D. M. DESAI,J) MANOJ