Gujarat High Court
Special Land Acquisition Officer vs Lh Of Patel Ramabhai Haribhai Patel ... on 11 August, 2021
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/CA/1040/2021 ORDER DATED: 11/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1040 of 2021
In F/CIVIL REVISION APPLICATION NO. 11699 of 2021
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SPECIAL LAND ACQUISITION OFFICER
Versus
LH OF PATEL RAMABHAI HARIBHAI PATEL NALINBHAI RAMABHAI
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Appearance:
MR MANRAJ BAROT, AGP (1) for the Applicant(s) No. 1,2
MR JINESH H KAPADIA(5601) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 11/08/2021
ORAL ORDER
Heard learned Assistant Government Pleader Mr.Manraj Barot for the applicant and learned advocate Mr.Jinesh Kapadia for the respondent- original claimant upon service of Rule.
2. The Special Land Acquisition Officer has prayed to condone delay of 57 days which has taken place in preferring Civil Revision Application, which is directed against judgment and award dated 19 th October, 2019 passed by learned 2nd Additional Senior Civil Judge, Mehsana in Regular Darkhast Nos.170-173 of 2019, No.205 of 2019, No.208 of 2019, Nos.206-207 of 2019 and No.174 of 2019. The present application concerns Regular Darkhast No.173 of 2019.
3. It is stated that court below passed order on 19th October, 2019. Thereafter on 22nd October, 2019 the court issued seizure order. On 27 th June, 2020 the District Government Pleader gave opinion to Page 1 of 2 Downloaded on : Sun Jan 16 07:51:50 IST 2022 C/CA/1040/2021 ORDER DATED: 11/08/2021 prefer appeal. It is stated that proposal to prefer appeal was to be forwarded through Narmada, Water Resources, Water Supply and Kalpsar Department, which was done on 15th November, 2020. Thereafter inter- departmental correspondence ensue. Finally, office of Government Pleader in the High Court was consulted and the appeal was preferred.
4. Delay of 57 days which has occurred in view of the above administrative reasons can be said to be bona fide and deserves to be condoned.
5. Sufficient cause is made out. Delay of 57 days is condoned. Application is allowed. Rule is made absolute.
(N.V.ANJARIA, J) ANUP Page 2 of 2 Downloaded on : Sun Jan 16 07:51:50 IST 2022