[Cites 5, Cited by 0]
Gujarat High Court
The Special Land Acquisition Officer vs Sureshbhai Nathalal Shah on 20 February, 2026
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C/CA/143/2026 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 143 of
2026
In F/FIRST APPEAL/38390/2025
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THE SPECIAL LAND ACQUISITION OFFICER & ORS.
Versus
SURESHBHAI NATHALAL SHAH & ORS.
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Appearance:
BHUMI GANDHI AGP for the Applicant(s) No. 1,2,3
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 20/02/2026
ORAL ORDER
1. The present application is filed for condonation of delay of
1118 days in filing the first appeal challenging the judgment and
award dated 26.08.2022 passed by the learned 12 th Additional
Senior Civil Judge, Vadodara, whereby the learned Reference
Court determined the market value of the land acquired for the
Village - Dodka at the rate of Rs.81/- per sq. mtr.
2. As per the submission made by the learned AGP Ms. Gandhi,
the State had challenged the decision rendered for the Village
Sukheda and the communication dated 19.12.2020 is ordered to
be taken on record.
3. Heard learned AGP Ms. Gandhi for the State.
4. Learned AGP Ms. Gandhi has reiterated the grounds
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mentioned in the application for condonation of delay and
grounds stated in the additional affidavit which is filed pursuant
to the directions issued by this Court vide order dated
13.01.2026. It is submitted by learned AGP Ms. Gandhi that due
to administrative reasons, the delay was caused in filing the
appeal and therefore, the same is required to be condoned and
the first appeal is required to be heard on merits.
5. This Court has considered the submissions made by the
learned AGP Ms. Gandhi and has referred to the grounds
mentioned in the application as well as in the additional affidavit,
which are reproduced hereinbelow.
Ground as mentioned in the application
"2 It is submitted that Ld. 20th Additional Senior Civil Judge.
Vadodara has pronounced the Judgment and Award on
26.08.2022 in L.A.R. No. 367 of 2001.
3. It is submitted that on 11.10.2022, the Deponent
Department received the Law Officers Rules Report from the
Office of District Government Pleader.
4. It is submitted that on 07.11.2023, an application was
preferred by the Deponent Department for getting the
certified copy of the Judgment and Award dated 26.08.2022
and the same was received on 28.11.2023.
5. It is submitted that on 22.02.2024 the Additional Collector
(Narmada Yojana), Vadodara forwarded a Law Officers Rules
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Report to the Department. It is further submitted that on
29.02.2024, the Law Officers Rules Report prepared by the
Additional Collector (Narmada Yojana), Vadodara and Special
Land Acquisition Officer was received by the concerned
Department.
6. It is submitted that on 19.06.2024, the Manager (Land),
Sardar Sarovar Narmada Nigam Limited, Gandhinagar
forwarded a Law Officers Rules Report.
7 It is submitted that on 29.06.2024, a letter was sent to the
office of Additional Collector (Narmada Yojana), Vadodara
and Manager (Land), Sardar Sarovar Narmada Nigam Limited
regarding the delay in sanctioning the Report of Law Officers
Rules. Thereafter on 06.07.2024, a reminder letter was sent to
the office of Additional Collector (Narmada Yojana), Vadodara
and Manager (Land), Sardar Sarovar Narmada Nigam Limited
to sent a detail regarding delay in sanctioning the report of
Law Officers Rules.
8. It is submitted that on 20.07.2024, the Additional Collector
(Narmada Yojana), Vadodara, Manager (Land), Sardar Sarovar
Narmada Nigam Limited and Special Land Acquisition Officer
were informed to be present in the Department along with the
necessary details of the present case.
9. It is submitted that the Manager (Land), Sardar Sarovar
Narmada Nigam Limited and Additional Collector (Narmada
Yojana), Vadodara forwarded a details regarding the delay in
sanctioning the Report of Law Officers Rules on 22.07.2024
and 29.07.2024 respectively.
10. It is submitted that on 13.11.2024, the present case was
presented before the meeting of the committee firmed by on
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the Department. Thereafter 11.02.2025, the Committee
proceedings note was received in the Department.
11. It is submitted that on 25.02.2025 a note was prepared
and submitted by the Deputy Section Officer and the same
was check and sign by the Section Officer and Additional
Secretary on 27.02.2025.
12. It is submitted that on 28.02.2025, the Additional Chief
Secretary granted permission to proceed with the appeal and
on the same day the file was forwarded to the Legal
Department for preferring an appeal. It is further submitted
that on 12.03.2025, the Legal Department rejected the
Department's Appeal proposal in the present case and the
return the file.
13. It is submitted that on 16.07.2025, the present case was
presented before the State Litigation Committee. On
29.07.2025, the proceedings of the committee dated
16.07.2025 was received.
14. It is submitted that on 29.07.2025 a note was prepared
and submitted by the Deputy Section Officer and the same
was check and sign by the Section Officer, Deputy Secretary,
Legal Advisor and Additional Secretary on 01.08.2025.
15. It is submitted that on 01.08.2025, the Additional Chief
Secretary granted permission to proceed with the appeal. On
02.08.2025 a file was forwarded to the Legal Department for
preferring an appeal.
16. It is submitted that on 13.08.2025, the Legal Department
approved the said proposal and instructed the Office of
Government Pleader for filing an appeal.
17. It is submitted that on 19.08.2025, a letter was sent to the
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Additional Collector (Narmada Yojana), Vadodara to take
necessary steps in consultation with Government Pleader
regarding filing an appeal.
18. It is submitted that on 12.09.2025, the office of Special
Land Acquisition Officer, Narmada Yojana prepared necessary
documents for filing an appeal in the Hon'ble Gujarat High
Court.
19. It is further submitted that on 12.09.2025 the Office of the
Government Pleader, Gujarat High Court, Ahmedabad has
received papers along with the forwarded letters to file an
appeal in above said case.
Ground as mentioned in the additional affidavit
2. 1 respectfully say and submits that the lands situated at
Village-Dodka, Taluka-Vadodara, District- Vadodara were
acquired for the purpose of construction of the Tail
Distributary of the Narmada Project, under Land Acquisition
Case Nos. 77/97 onwards of this office. The notification under
Section 4 of the Land Acquisition Act was published in the
Government Gazette on 08/08/1996. Thereafter, the
notification under Section 6 of the Land Acquisition Act was
published in the Government Gazette on 25/09/1997.
Subsequently, the award under Section 11 of the Land
Acquisition Act in respect of the said acquired lands was
declared on 28/04/1999, Under the said award, a total of 15
survey numbers were acquired. The compensation at the rate
of Rs. 1,17,000/- per hectare for irrigated land was paid to the
landholders of the acquired lands. Out of the landholders
whose lands were acquired, the landholders of Survey/Block
No. 323, admeasuring 0-07-25 hectares, were dissatisfied with
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the compensation awarded under Section 11. Therefore, for
obtaining enhanced compensation, they filed a Land
Reference under Section 18 of the Land Acquisition Act before
the Hon'ble Vadodara Court on 10/08/1999,
3. In the said Land Reference Case, the Hon'ble Vadodara
Court pronounced its judgment on 26/08/2022, whereby the
Court directed payment of compensation at the rate of Rs..
81.00 per square meter to the landholders. Being aggrieved by
the said judgment, the State Government has decided to
prefer an appeal before the Hon'ble High Court. While filing
the appeal before the Hon'ble High Court, directions have
been issued to submit paragraph-wise remarks regarding the
proceedings carried out in the case during the period from
26/08/2022 to 12/09/2025, which are as under.
4. On 26/08/2022, the judgment in Land Reference Case No.
367/2001 was pronounced by the Hon'ble Principal Senior Civil
Judge. Thereafter on 11/10/2022, Legal opinion was received
from the District Government Pleader, Vadodara. On
07/11/2023, an application was made before the Hon'ble
Vadodara Court for obtaining a certified copy of the judgment.
Thereafter, on 28/11/2023, the certified copy of the judgment
was received from the Hon'ble Vadodara Court.
5. On 15/02/2024, a report under L.A.O. Rules 54 was
submitted to the Additional Collector (Narmada Yojana),
Vadodara. Thereafter, on 22/02/2024, the Additional
Collector (Narmada Yojana), Vadodara forwarded the L.A.O.
Rules report to the concerned Department.
6. On 26/07/2024, vide Office Order dated 26/07/2024, issued
by the Deputy Secretary, Narmada, Water Resources, Water
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Supply and Kalpasar Department, Gandhinagar, bearing Letter
No. Parch/2021/1627/M, a Committee was constituted to
place before the Government self-explanatory reasons either
for filing appeals in land acquisition cases of the Narmada
(Rehabilitation) Department or for accepting the judgments of
the Hon'ble Courts.
7. Thereafter, on 13/11/2024, the present case was placed
before the Committee constituted pursuant to the Office
Order dated 26/07/2024. On 28/02/2025, the Additional Chief
Secretary granted approval to prefer an appeal. On
12/03/2025, the Legal Department, however, rejected the
proposal for filing the Departmental appeal in the present
case and returned the file.
8. On 16/07/2025, the present case was placed before the
State Litigation Committee. Thereafter on, 01/08/2025, the
Additional Chief Secretary again granted approval to prefer an
appeal.
9. On 02/08/2025, the file was forwarded to the Legal
Department for approval to file the appeal. Thereafter on,
13/08/2025, the Legal Department instructed the Government
Pleader, Ahmedabad, to initiate proceedings for filing the
appeal. On 20/08/2025, vide Government Letter No.
LRV/2024/409/M, a decision was taken to file an appeal
before the Hon'ble Gujarat High Court against the judgment
dated 26/08/2022 passed in Land Reference Case No.
367/2001. That the said letter was received in this office on
25/08/2025.
10. On 28/08/2025, for the purpose of filing an appeal in the
present case, the Executive Engineer, Division-17, Kalol was
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informed by letter to submit proof of deposit of the amount
paid in the lower court towards fund allocation. Thereafter, on
12/09/2025, the requisite documents for filing the appeal
before the Hon'ble High Court were submitted.
11. On 29/09/2025, for the purpose of filing the appeal before
the Hon'ble High Court in the present case, the Executive
Engineer, Division-17, Kalol was requested by letter to forward
the Demand Draft towards the advance bill. Thereafter, on
29/10/2025, as the Demand Draft was not received, a
reminder letter-I was issued to the Executive Engineer,
Division-17, Kalol to forward the Demand Draft towards the
advance bill for filing the appeal before the Hon'ble High
Court.
12. On 12/11/2025, a Reminder Letter II was issued to the
Executive Engineer, Division-17, Kalol to forward the Demand
Draft towards the advance bill for filing the appeal before the
Hon'ble High Court. Thereafter on, 21/11/2025, the Demand
Draft towards the advance bill for filing the appeal before the
Hon'ble High Court in the present case was submitted. On
26/11/2025, the proof of deposit of the amount paid in the
lower court, required for filing the appeal, was submitted by
the Executive Engineer, Division-17, Kalol.
13. From the facts and circumstances as mentioned
hereinabove, it can be culled out that the delay caused in
preferring the present appeal is purely unintentional and
administrative exigency is the sole reason for which, the
authorities could not prefer the present appeal within
statutory period of limitation."
6. On referring to the above grounds, it emerges that on
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receiving the report from the office of the District Government
Pleader on 11.10.2022, one year's time was taken for applying
the certified copy and the same was applied on 26.08.2022 and
received on 28.11.2023. The casual approach was started from
the beginning by the office of the State. Thereafter, reminders
were sent to the office of the Additional Collector, Narmada
Yojana, Vadodara to take the decision on 19.06.2024, 29.06.2024,
and 06.07.2024. After these many reminders, no decision was
taken and therefore, on 20.07.2024, the Additional Collector was
informed to remain present in the department with necessary
details of the case. Thereafter only, the case was presented
before the committee formed by the department on 13.11.2024.
This indicates that the office of the Collector also acts according
to their wishes and whims without taking steps within the period
of limitation.
6.1 Again, the file was moved from the table of the Deputy
Section Officer, Additional Chief Secretary, Legal Department,
State Legislative Committee, Deputy Section Officer, Section
Officer, Deputy Secretary, Legal Advisor and Additional
Secretary. Ultimately, on 01.08.2025, the Additional Chief
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Secretary granted the permission to file an appeal and on
13.08.2025 the Legal Department approved the said proposal.
6.2 This Court has referred to the decision rendered by the
Hon'ble Apex Court in the case of Shivamma (dead) by LRs vs.
Karnataka Housing Board and Ors. rendered in Civil Appeal
No.11794 of 2025, wherein the Hon'ble Apex Court has held that
the length of delay is a relevant matter which the Court must
take into consideration while considering whether delay should
be condoned or not. From the tenor of the approach of the
respondents, it appears that they want to fix their own period of
limitation for instituting the proceedings for which law has
prescribed a period of limitation. The Court owes a duty to first
ascertain the bona fides of the explanation offered by the party
seeking condonation. It is also held that the the rules of
limitation are based on the principles of sound public policy and
principles of equity. We should not keep the 'Sword of Damocles'
hanging over the head of the respondent for indefinite period of
time to be determined at the whims and fancies of the
appellants.
7. Considering the above observations and in light of the facts
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involved in the instant case, this Court did not find any
explanation which can be termed as a sufficient explanation to
condone the huge delay of 1118 days. Such inordinate delay
requires to be explained with cogent and sufficient reasons. In
absence of the same, this Court deems it fit to dismiss this
application. It is also required to be noted herein that reliance
was placed by the learned Reference Court while deciding the
market value of the land of Village - Sokhda, where the
notification was issued on 24.04.1997 and in the instant case,
date of Section 4 notification is 08.08.1996 and the Legal
Department has accepted the same decision. Therefore also, no
interference is required and the application is deserved to be
dismissed. Hence, present application is dismissed.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
