Gujarat High Court
The Deputy Collector, Land Acquisition ... vs Baria Vajabhai Fatabhai on 3 February, 2025
NEUTRAL CITATION
C/CA/1408/2022 ORDER DATED: 03/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1408 of
2022
In F/FIRST APPEAL NO. 29483 of 2018
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THE DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION &
ORS.
Versus
BARIA VAJABHAI FATABHAI & ORS.
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Appearance:
MR. MANOHAR RAHEVAR, AGP for the Applicant(s) No. 1,2,3
DECEASED LITIGANT for the Respondent(s) No. 1.1,1.2.1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the
Respondent(s) No. 1,1.2,2
DELETED for the Respondent(s) No. 1.2.3,1.5
MR PA JADEJA(3726) for the Respondent(s) No. 1.2.2,1.3,2.1,2.2,2.4
RULE SERVED for the Respondent(s) No. 1.4,2.3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 03/02/2025
ORAL ORDER
1. Heard learned AGP Mr. Manohar Raheavar for the applicants-
State Authorities and learned advocate Mr. P.A. Jadeja for the
respective respondents-original claimants. At the outset, learned
advocate Mr. P.A. Jadeja has submitted that he has received
instructions to appear on behalf of respondent nos.1.4 and 2.3.
However, he is awaiting Vakalatnama.
2. Considering the aforesaid submissions of learned advocate Mr.
P.A. Jadeja, he is permitted to present his Vakalatnama before the
NEUTRAL CITATION
C/CA/1408/2022 ORDER DATED: 03/02/2025
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Registry of this Court.
3. The present application is filed seeking condonation of delay of
649 days caused in preferring the captioned appeal.
4. At the outset, learned AGP appearing for the applicants-State
Authorities has referred to the averments made in the application, and
has submitted that after the impugned judgment and award
pronounced on 12.04.2016, the certified copy of the same was made
available on 03.08.2017. It was further submitted that the opinion of
the learned District Government Pleader was sought for, which was
received on 19.01.2018 and on 22.01.2018, the proposal was
forwarded to challenge the impugned judgment and award in appeal.
The Sub-Division Office of concerned department had forwarded such
proposal on 31.01.2018 followed by 08.02.2018 to the Additional
Engineer, Ahmedabad Irrigation Division, which was later on
forwarded to the Additional Engineer of the concerned department
on 19.02.2018. That upon receipt of such proposal, the decision was
taken to place the case before the Committee headed by the Chief
Engineer and necessary approval in this regard was granted on
04.04.2018. The Committee on 21.04.2018 had approved the proposal
and thereafter, it was decided on 19.05.2018 to submit the file before
NEUTRAL CITATION
C/CA/1408/2022 ORDER DATED: 03/02/2025
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the Revenue as well as the Legal Department. On perusal of such
proposal, ultimately, the Legal Department on 11.06.2018 had
granted approval to move in appeal before this Court. By referring to
the aforesaid events, learned AGP has submitted that the office of
Government Pleader was provided the necessary case papers in this
regard on 13.06.2018 and the time was consumed in drafting the
appeal. However, in the interregnum, delay of 649 days had crept in
submitting the appeal before this Court. Thus, the captioned appeal
along with application seeking condonation of delay was submitted
before this Court.
4.1 By making the aforesaid submissions, learned AGP has further
submitted that allthroughout, the State Authorities had pursued the
proceedings to approach in appeal, which according to him, as part of
the standard operating procedures instructed by the concerned
departments to be followed in case the challenge is to be made in the
appeal before the higher forum. He has further submitted that there
was no negligence or inaction on part of the concerned departments
as allthroughout the files have moved from one office to other office
and a prompt decision was taken as soon as the matter was placed for
consideration before the highest office. He has, therefore, urged to
condone the delay.
NEUTRAL CITATION
C/CA/1408/2022 ORDER DATED: 03/02/2025
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5. Learned advocate Mr. P.A. Jadeja appearing for the respective
respondents-original claimants has objected to the aforesaid
submissions. However, he has left it to the Court to pass appropriate
orders in this regard, noticing the number of days involved.
6. Considering the submissions made by learned advocates for the
respective parties and the explanation offered, in the opinion of this
Court, sufficient cause is shown. In absence of any contradictions
brought on record against the aforesaid submissions made by the
applicants-State Authorities, the Court, is therefore, inclined to
exercise its discretion in condoning the delay. The delay of 649 days
caused in preferring the captioned appeal is hereby condoned. The
application is allowed and stands disposed of. Rule is made absolute.
No order as to costs.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
