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Gujarat High Court

Gujarat Mineral Development ... vs Special Land Acquisition Officer & on 26 December, 2016

Author: Anant S. Dave

Bench: Anant S. Dave, A.Y. Kogje

                  C/CA/13134/2016                                                   ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 13134 of
                                                  2016
                                                   In
                  FIRST APPEAL (STAMP NUMBER) NO. 2018 of 2016
                                                  TO
                           CIVIL APPLICATION NO. 13483 of 2016
                                                    In
                  FIRST APPEAL (STAMP NUMBER) NO. 2367 of 2016

         ================================================================
          GUJARAT MINERAL DEVELOPMENT CORPORATION LTD....Applicant(s)
                                    Versus
              SPECIAL LAND ACQUISITION OFFICER & 1....Respondent(s)
         ================================================================
         Appearance:
         MR PREMAL R JOSHI, ADVOCATE for the Applicant(s) No. 1
         MS ARCHANA U AMIN, CAVEATOR for the Respondent(s) No. 2
         MS DIVYANGNA JHALA, AGP for Respondent No.1
         ================================================================

          CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
                 and
                 HONOURABLE MR.JUSTICE A.Y. KOGJE

                                        Date : 26/12/2016


                                         ORAL ORDER

(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE) RULE. Learned AGP Ms.Jhala waives service of Rule on behalf of respondent No.1 and learned Advocate Ms.Archana Amin waives service of Rule on behalf of the private respondents in each of these applications.

In all these Civil Applications filed under Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Dec 27 00:06:38 IST 2016 C/CA/13134/2016 ORDER Section 5 of the Limitation Act, 1963, applicants /original appellants have prayed for condonation of delay of 11 days in preferring First Appeals, for which grounds are stated in paras-3 and 4 of each of the applications and it is submitted that sufficient cause is shown and accordingly, discretion be exercised in favour of the applicants in all these Civil Applications and delay as prayed for be condoned.

Learned Advocate Ms.Archana Amin appearing for respective private respondents and Ms.Jhala, learned AGP appearing for respondent No.1 have made their submissions and accordingly, they have no objections if the delay as prayed for is condoned by this Court.

Having regard to the facts and circumstances of the case, submissions made by learned Advocate for the applicants /original appellants and grounds stated in these applications, we are convinced that sufficient cause is shown so as to exercise discretion in favour of each of the applicants in all these Civil Applications and accordingly, delay as prayed for of 11 days in preferring First Appeals in all these Civil Applications stands condoned. Civil Applications are allowed accordingly. Rule is made absolute.

Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Dec 27 00:06:38 IST 2016 C/CA/13134/2016 ORDER (ANANT S.DAVE, J.) (A.Y. KOGJE, J.) SHITOLE Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Dec 27 00:06:38 IST 2016