The Special Land Acquisition Officer vs Manishkumar Natvarbhai Patel
2025 Latest Caselaw 6837 Guj

Gujarat High Court

The Special Land Acquisition Officer vs Manishkumar Natvarbhai Patel on 22 September, 2025

                                                                                                           NEUTRAL CITATION




                             C/CA/4278/2025                                 ORDER DATED: 22/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4278 of
                                                    2025

                                              In F/FIRST APPEAL NO. 23561 of 2025

                      ==========================================================
                                    THE SPECIAL LAND ACQUISITION OFFICER & ANR.
                                                       Versus
                                          MANISHKUMAR NATVARBHAI PATEL
                      ==========================================================
                      Appearance:
                      MR.RAHUL DAVE AGP for the Applicant(s) No. 1,2
                      RULE SERVED for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                       Date : 22/09/2025

                                                         ORAL ORDER

1. By way of present application filed under Section 5 of the Limitation Act, 1963 the applicants have prayed to condone delay of 286 days caused in preferring the First Appeal.

2. Heard learned AGP Mr.Rahul Dave for the applicants. Though served, none appeared for respondent.

3. Learned Assistant Government Pleader for the applicants has submitted that judgment and award passed by the learned Principal Senior Civil Judge,

NEUTRAL CITATION

C/CA/4278/2025 ORDER DATED: 22/09/2025

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Khambhat at Anand on 19.06.2024. Subsequently, on the same day, i.e. 19.06.2024, the office of the District Goverment Pleader, Anand, telephonically infomred the office of the Executive Engineer, Road and Building Department, Anand. Thereafter, filed travelled from various Department of the applicants. The cause for delay is attributed to the time consumed in decision making process. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicants.

4. I have considered the submissions canvassed by learned AGP for the applicants and 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

NEUTRAL CITATION

C/CA/4278/2025 ORDER DATED: 22/09/2025

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on the 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. Rule is made absolute.

(D. M. DESAI,J) MANOJ