Gujarat High Court
Lakha Jivabhai Harijan vs State Of Gujarat The Deputy Collector ... on 4 November, 2020
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/CA/2526/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 2526 of 2020
In F/FIRST APPEAL NO. 14404 of 2020
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LAKHA JIVABHAI HARIJAN
Versus
STATE OF GUJARAT THE DEPUTY COLLECTOR AND LAND ACQUISITION
AND REHABILITATION
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Appearance:
MR NITIN M AMIN(126) for the Applicant(s) No. 1
MR SANJAY M AMIN(130) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS.ASMITA PATEL, AGP(99) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 04/11/2020
ORAL ORDER
In the facts of the case, Rule returnable forthwith. Learned Assistant Government Pleader Ms. Asmita Patel waives service of rule on behalf of the respondent State.
1.1 Heard learned advocate Mr. Nitin Amin for the applicant and learned Assistant Government Pleader for the respondent State.
2. This application is filed praying to condone the delay of 827 days that has occurred in preferring the appeal. The applicant is the original claimant in the judgement and award declared by the Reference Court being the Court of learned Additional Senior Civil Judge, Dhoraji in Land Reference Case No.210 of 2005 to 221 of 2005.
3. Explaining the delay it is stated in the memorandum of the Page 1 of 2 Downloaded on : Thu Nov 05 02:48:57 IST 2020 C/CA/2526/2020 ORDER application that the lands were acquired in the month of April, 2001; the Reference Court passed judgment and award in May, 2018; the State Government deposited the amount in the year 2019 and the same came to be disbursed to the applicant in the month of January, 2020 and till then the applicant did not have the funds to meet with the Court fee requirement. It was submitted that in the intervening lockdown period, further time elapsed, and the appeal could be filed. These circumstances resulted into delay of 827 days.
4. It was additionally stated that in respect of the same acquisition other First Appeals have been filed against the judgment and award of the Reference Court concerned, one of which was Civil Application No.25267 of 2020 in First Appeal (Stamp) No.14488 of 2020. In this Civil Application for delay, it was stated, the court has already condoned the delay.
5. For all the aforesaid reasons it could be said that sufficient cause is made out to condone the delay of 827 days. Accordingly, delay of 827 days is condoned. The present application is allowed. Rule is made absolute.
(N.V.ANJARIA, J) MARY VADAKKAN/ Manshi Page 2 of 2 Downloaded on : Thu Nov 05 02:48:57 IST 2020