Special Land Acquisition And ... vs Varu Babulal Popat
2025 Latest Caselaw 6611 Guj

Gujarat High Court

Special Land Acquisition And ... vs Varu Babulal Popat on 15 September, 2025

                                                                                                               NEUTRAL CITATION




                              C/CA/79/2024                                     ORDER DATED: 15/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 79 of 2024

                                             In F/FIRST APPEAL NO. 34316 of 2023

                      ==========================================================
                           SPECIAL LAND ACQUISITION AND REHABILITATION (IRRIGATION),
                                              JAMNAGAR & ANR.
                                                    Versus
                                            VARU BABULAL POPAT
                      ==========================================================
                      Appearance:
                      MR BHAVESH DESAI, AGP for the Applicant(s) No. 1,2
                      RULE SERVED for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                           Date : 15/09/2025

                                                             ORAL ORDER

1. This application is filed u/s 5 of the limitation Act, 1963

for condonation of delay of 834 days in filing first appeal.

2. Heard learned Assistant Government Pleader Mr. Bhavesh

Desai for the applicants. Though served none appears for the

respondent.

3. Learned AGP at the outset submitted that the judgment

and award dated 12.02.2019 which has assailed by the

applicants in the present First Appeal, was not made known to

the applicants by the office of learned District Government

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C/CA/79/2024 ORDER DATED: 15/09/2025

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Pleader. The application for certified copy was applied on

02.03.2021 and received on 08.03.2021 and thereafter the

process started for taking the decision to challenge the

impugned award the process of taking decision, the delay has

occurred. On 11.07.2023 the decision of challenging the appeal

by way of First Appeal was remained known to the office of

the learned District Government Pleader on 11.07.2023. It is

submitted that the delay has been caused due to the

procedural delay and there is no negligence or intentional

delay on the part of the applicants.

4. Having considered the submissions and its fact which has

been submitted by the learned AGP that the office of the

learned District Government Pleader did not inform the

applicants and the application for certified copy was made on

02.03.2021.

5. It appears from the submissions canvassed by the learned

AGP that the applicants cannot be said to have remained

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C/CA/79/2024 ORDER DATED: 15/09/2025

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negligent and the reasons assigned in the application are

sufficient to condoned the delay.

6. Considering the aforesaid submissions and averments

made in the application and the submissions canvassed by the

learned AGP sufficient cause is made out for condonation of

delay. In the interest of justice delay is condoned.

(D. M. DESAI,J) KKN