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2022 Supreme(Guj) 1031
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sonia Gokani, Nisha M. Thakore, JJ.
Special Land Acquisition Officer – applicant
Versus
Miteshbhai Kanubhai Patel – Respondent
R/Civil Application No. 2637 of 2020 In F/First Appeal No. 5661 of 2020
Decided On : 10-10-2022
For the Applicant : Ms. Dhwani Tripathi, APP.
For the Respondent: Mr. Archit P. Jani.
The judgment emphasizes the need for sufficient cause to condone delay, highlighting the principles of law of limitation, diligence, public policy, and equitable grounds, and considering the impact of the Covid-19 pandemic and administrative processes.
Headnote:
Delay Condonation - Land Acquisition - Circular dated 26.6.2013 - Sufficient Cause - Law of Limitation - Diligence - Public Policy - Equitable Grounds - Covid-19 Pandemic - Administrative Process - Cost Imposition
Fact of the Case:
The applicant seeks condonation of delay of 792 days in filing an appeal against a judgment and award. The delay is attributed to administrative processes and lack of diligence.
Finding of the Court:
The Court emphasized the need for sufficient cause to condone delay, highlighting the principles of law of limitation, diligence, public policy, and equitable grounds. It considered the impact of the Covid-19 pandemic and the administrative process, imposing costs on the applicant.
Issues: Delay Condonation, Administrative Process, Covid-19 Impact, Cost Imposition
Ratio Decidendi: The Court held that delay needs to be explained with sufficient cause, and the law of limitation applies equally to the government. It emphasized diligence, public policy, and equitable grounds, considering the impact of the Covid-19 pandemic and administrative processes. The Court imposed costs to balance the situation.
Final Decision: The application for condonation of delay was allowed with cost, to be borne and deposited by the applicant within four weeks, and the First Appeal was scheduled for final hearing on 11.10.2022.
ORDER :
(Sonia Gokani, J.)
1. Applicant is the original appellant who is aggrieved by the judgement and award dated 21st September 2017 passed by the learned Principal Senior Civil Judge, Gandhinagar in L.A.R No. 104 of 2011 to L.A.R. No. 123 of 2011 and L.A.R No. 79 of 2013 to L.A.R. No. 82 of 2013.
2. Delay of 792 days is sought to be condoned explained by the applicant state that after pronouncement of judgment and award dated 21st September, 2017, learned Government Pleader gave his opinion vide letter dated 13th October, 2017 for filing an appeal against the impugned judgment and award.
3. It is further explained that on 2nd January, 2018, Special Land Acquisition Officer, Gandhinagar declared that he should approach the Revenue Department for approval to file an appeal against the impugned judgment and award.
4. On 17th January, 2018, Special Land Acquisition Officer, Gandhinagar returned the proposal to AUDA directing to approach through its Administrative Department to the Revenue Department for approval.
5. AUDA, vide its letter dated 22nd March, 2018, requested the Deputy Secretary, Revenue Department to give adequate direction to the Special Land Acquisition Officer for filing an appeal. On 23rd May, 2018, information was given to the District Collector to send a request as per Government Circular dated 26.6.2013.
6. AUDA has again wrote a letter to the District Collector, Gandhinagar on 13.6.2018 to forward its opinion to the Revenue Department as per directions stated in its letter dated 23.5.2018 for filing an appeal.
7. On 26th June, 2013, the Special Land Acquisition Officer, Gandhinagar, by letter dated 13th July, 2018, as per the circular dated 26.6.2013 of Legal Department, gave his opinion to file an appeal against the impugned judgment and award.
8. AUDA on 4th August, 2018 informed the Urban Department and Urban Housing Department, Gandhinagar to give its opinion. The Legal Department by its communication dated 11.12.2018 informed the Office of the Government Pleader, High Court of Gujarat regarding its decision to file an appeal against the impugned judgment and award.
9. The Urban Development and Urban Housing Department sent a letter to the Office of the Government Pleader, High Court of Gujarat to undertake necessary action to file an appeal against the impugned judgment and award.
10. The Principal Senior Civil Judge, Gandhinagar, vide order dated 19th April, 2019, added six claimants in the original judgment and award. Yet, another application was moved for impleading the names of legal heirs in Land Reference Case No. 123 of 2011. Certified copy of the order passed on 19th April, 2019 was received in July, 2019 in Land Reference Case No. 81 of 2013 .
11. According to the applicant, delay is a procedural delay and there is no negligence and/or inaction on the part of any of the department.
12. Ms. Dhwani Tripathi, learned AGP for the applicant-State and Mr. Archit P.Jani, learned advocate for the respondent No.2 and Mr. Parth Patel, learned advocate for the respondent No.1 has drawn the attention of this Court to the fact that this is a part of group matters, which has been allowed by the co.ordinate Bench of this Court vide order dated 11.2.2021 in Civil Application Nos. 2634 of 2020 in First Appeal No. 5652 of 2020 and allied matters (Coram: Hon’ble Mr.R.M.Chhaya, & Hon’ble Mr. R.P.Dholaria, JJ) as there was no resistance to this delay being condoned, request is made that the Civil Application is allowed.
13. This Court has rendered the order considering delay in the case of Maharaja Sayajirao University Vs. Umeshkumar Chimanlal Pandya passed in Misc. Civil Application (For Restoration) No. 1 of 2021 in Letters Patent Appeal No. 9072 of 2019 in Special Civil Application No. 12919 of 2010 with Civil Application (For Condonation of Delay) No. 2 of 2021, relevant findings and observations are as follows:-
“16. We are not delving into the merits of the matter. Presently the issue that arises for our consideration i
