Gujarat High Court
Special Land Acquisition Officer vs Noormohammad Adam on 14 July, 2025
NEUTRAL CITATION
C/CA/375/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 375 of
2025
In F/FIRST APPEAL NO. 36644 of 2024
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SPECIAL LAND ACQUISITION OFFICER & ORS.
Versus
NOORMOHAMMAD ADAM
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Appearance:
MS.DEVANSHI PATEL AGP for the Applicant(s) No. 1,2,3
MR N R DESAI(6504) for the Respondent(s) No. 1
MR P P MAJMUDAR(5284) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 14/07/2025
ORAL ORDER
1. This application is filed under Section 5 of the
Limitation Act,1963 for condonation of delay of 531 days
caused in preferring the First Appeal.
2. Heard learned AGP Ms.Devanshi Patel for the
applicants and learned advocate Mr.P.P.Majmudar for the
respondent.
3. Learned Assistant Government Pleader for the
applicants has submitted that the judgment and award
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C/CA/375/2025 ORDER DATED: 14/07/2025
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dated 10.04.2023 passed by the learned Principal Senior
Civil Judge, Bharuch in Land Acquisition Reference Case
No.2 of 2018 was not within the knowledge of the
concerned branch of the applicants' department. When a
notice under Execution Petition came to be served upon
the applicants on 29.08.2024, applicants came to know
about the passing of the judgment and award. Thereafter,
a certified copy of the impugned judgment and award was
applied for and received on 21.09.2024. Upon receiving
the certified copy, the department initiated the procedure
for filing an appeal, which also took time.
3.1 It is further submitted that there was an error
on the part of the learned District Government Pleader in
not making himself aware about the passing of the
judgment and award. It is submitted that there is no fault
on the part of the applicants in not challenging the award
within the prescribed period of limitation.
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4. Per contra, learned advocate Mr.P.P.Majmudar
for the opponent has relied upon the Affidavit-in-reply and
contended that the learned District Government Pleader did
appear in Land Reference Case and argued the matter on
10.04.2023. Notice of the Execution Petition was served to
the applicant No.1 on 07.10.2023. However, certified copy
came to be applied on 03.09.2024. It is submitted that, no
explanation is forthcoming for the period between
07.10.2023 and 03.09.2024. It is further submitted that, on
29.01.2025, an order came to be passed in Execution
Petition directing the applicants to issue Banker's Cheque
in favour of the original claimant. Thereafter, Executive
Engineer filed an application on 01.02.2025 stating that an
appeal has been preferred by the State and amount may
not be released in favour of the applicants. On 03.02.2025,
learned Executing Court passed an order staying the
issuance of the Banker's Cheque. The said order has been
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C/CA/375/2025 ORDER DATED: 14/07/2025
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assailed before this Court by way of Special Civil
Application and the same is pending. It is further
submitted that there is a lack of bonafide on the part of
the applicants and the explanation which has been
canvassed by the applicants are not bonafide. In view
these facts, the present application does not deserve to be
allowed.
5. I have considered the submissions canvassed by
the learned advocates for the respective parties and also
perused the averments made in the application as well as
in the Affidavit-in-reply. It is an undisputed fact that the
impugned judgment and award dated 10.04.2024 came to
be challenged by the State after a delay of 531 days. The
sole ground assigned by the applicants for the delay is that
the learned District Government Pleader was not aware
about the passing of the impugned award. Resultantly, the
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entire subsequent process of obtaining a certified copy and
obtaining sanction for filing the appeal commenced
thereafter. The contention that the learned District
Government Pleader was not aware about the passing of
the judgment and award is highly deprecated by this
Court. It was expected from the learned District
Government Pleader to diligently monitor the status of
each and every pending case listed before the concerned
Court. The office of the learned District Government
Pleader, has remained negligent and careless in not taking
proper care and attention which was expected from him.
However, State being the applicants, should not be made
to suffer due to the negligence and fault of the learned
District Government Pleader.
It is brought to the notice of the applicants
that the concerned learned District Government Pleader
should be warned by way of written communication,
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directing that in future, he and his office must remain
vigilant and not remain negligent in tracking the matters,
which are pending in the Court. Indeed, the period of
delay is huge; as observed above, the applicants should
not suffer for the negligence of the learned District
Government Pleader. Therefore, delay is condoned with a
cost of Rs.15,000/- to be deposited by the learned District
Government Pleader before the District Legal Service
Authority, Bharuch. It is clarified that the said amount
shall not be recovered by the learned Assistant
Government Pleader from the applicants.
6. The present application is allowed and stands
disposed of accordingly. Rule is made absolute to the
aforesaid extent.
(D. M. DESAI,J)
MANOJ
