Gujarat High Court
The State Of Gujarat vs Dhirajbhai Gandubhai on 29 June, 2018
Author: Akil Kureshi
Bench: Akil Kureshi, B.N. Karia
C/FA/4216/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION NO. 2 of 2018
With
F/FIRST APPEAL NO. 4216 of 2017
With
CIVIL APPLICATION NO. 1 of 2018
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THE STATE OF GUJARAT
Versus
DHIRAJBHAI GANDUBHAI
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Appearance:
MR DHAWAN JAYSWAL, AGP (1) for the PETITIONER(s) No. 1
MR N R DESAI(6504) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 29/06/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. This application is filed by the State Government seeking condonation of delay in filing First Appeal. First Appeal is directed against the judgment and award passed by the Reference Court in Land Acquisition Proceedings. Delay is of 1227 days. Delay is thus extremely long. To explain such delay what has been stated in this application is thus:-
"3. The applicants stated that the impugned judgment and Award has been decided on 28.04.2014 and thereafter, an application for getting the certified copies have been made by the office of the District Government Pleader.
4. It is further stated that thereafter the certified copy of the impugned judgment and award has been made ready and the District Government Pleader was in receipt of certified copy.Page 1 of 3 C/FA/4216/2017 ORDER
5. It is further submitted that thereafter, by way of different communications being 01.11.2014, 09.02.2015, 10.03.2015, 17.04.2015, 24.06.2016, 09.08.2016, letters have been sent to the District Government Pleader for providing the opinion under Law Officers' Rules.
6. It is further submitted that thereafter, an opinion dated 16.08.2016 has been received by the concerned department on 22.08.2016 from the office of the District Government Pleader.
7. It is further stated that some time has been consumed in making internal communications and getting approval of the concerned head of the departments and thereafter certified copy of the impugned judgment and award, report under law officers' Rules, checklist under the same and other incidental documents there to including proposal statement have been received by the concerned department by virtue of communication dated 06.10.2016 as well as 24.10.2016 from the concerned office.
8. It is further submitted that the concerned department has sought for the details of the case wherein emphasis has been relied on by the Learned Reference Court by way of communication dated 29.12.2016.
9. It is further submitted that by virtue of communication dated 13.12.2016, as there are some incomplete documents and necessary details were missing and therefore, the proposal has been sent back by the aforesaid communication.
10. It is further stated that thereafter on 15.07.2017, the Legal Department has sanctioned to file an appeal against the impugned judgment and award and directed concerned department to provide the necessary documents to be sent to the office of the Government Pleader, High Court of Gujarat for drafting and its further actions.
11. It is further stated that thereafter office of the Government Pleader, High Court of Gujarat was in receipt of certain documents and on perusal of the same, certain objections have been raised and also sought for the certain clarifications and instructions from the concerned department.
12. It is further stated that certain documents have been called upon by the Learned Assistant Government Pleader along with the certified copy of the Impugned Judgment and Award as well as necessary document and thereby, some delay has been occurred in collecting and sending certain Page 2 of 3 C/FA/4216/2017 ORDER informations and clarifications to the office of the Government Pleader, High Court of Gujarat and on reception of the same by the Office of the Government Pleader, High Court of Gujarat, the Assistant Government Pleader has drafted the same on 03.10.2017 including present condonation of Delay application, Main First Appeal alongwith the Stay Application."
2. It can thus be seen that to explain delay which is close to three years, all that the applicant has cited is administrative reasons and internal communications. The Courts are always liberal in condoning delay, preferring substantial justice over procedural lapses, be the delay is at the hands of government organization or a private litigant. Nevertheless, the period of limitation prescribed in the statute cannot be completely lost sight of. Even at the hands of government machinery, the delay which is substantial in nature needs to be properly explained. Mere administrative inconvenience or the requirement of approvals or such like cannot be the basis for condoning such enormous delay.
3. Under the circumstances, this application is dismissed.
4. Resultantly, First Appeal along with connected Civil Application for stay also stands disposed of.
(AKIL KURESHI, J) (B.N. KARIA, J) R.S. MALEK Page 3 of 3