Inordinate delay by State authorities cannot be condoned under Section 5 of the Limitation Act based on mere administrative procedural delays, as such negligence does not constitute 'sufficient cause' and undermines the public policy of the law of limitation.

ORAL ORDER

1. The present application, invoking Section 5 of the Limitation Act, 1963, seeks condonation of an inordinate delay of 5525 days in preferring the captioned CRA.

2. Factual matrix of the case are as under:-

2.1 That on 22.09.2005, Respondent has filed executive Application being regular Execution Application No. 284 of 2005 in LAR NO. 805 of 1998 and filed execution application as per under section 28 aggregate amount of Rs. 3,50,000/- including additional compensation, 30% Solatium, 12% amount of price increase.

2.2 That on 11.05.2007, the learned Principal Senior Civil Judge has allowed Execution Petition directing Applicant State to pay a sum of Rs. 3,50,056/-. Said order has never been office of Applicants. Even, no legal opinion has forwarded vide office of Deponent till 14.02.2022.

2.3 That on 24.09.2013, the same was answered to Civil Court, Kadi. On 29.11.2023 learned District Government Pleader has forwarded the summons issued in regular Execution No. 13 of 2013 issued by Civil Court, Kadi.

2.4 That on 14.02.2022, the learned Civil Court, Kadi has passed impugned order directing Applicant State to deposit the amount of Rs. 3,50,056/- and Application was filed was certified copy of Execution Petition as well as order passed where under.

2.5 That on 10.03.2022, the certified copies were received. That on 11.03.2022, proposal was forwarded to Narmada Water Resources Water Supply and Kalpsar Department, State of Gujarat. On 01.04.2022 Narmada Water Resources Water Supply and Kalpsar Department, State of Gujarat sought for further details. On 22.04.2022, legal opinion of learned District Government Pleader was sought. The same was forwarded to the Department on 25.04.2022. That on 30.04.2022, certain quarry raised by the Narmada Water Resources Water Supply and Kalpsar Department. The query was replied by Office of Department on 11.05.2022. On 27.05.2022 the proposal was forwarded to the Legal Department. On 01.09.2022 legal Department granted permission to file Revision Application. The same was forwarded to the office of Deponent on 03.09.2022.

2.6 The office of the Government Pleader, High Court of Gujarat assigned the drafting of CRA to the concerned Assistant Government Pleader, who in turn called the officers for discussion and after discussing the same drafted the CRA alongwith application of condonation of delay.

2.7 Hence, present application for condonation of delay.

3. Learned AGP Ms. Nidhi Vyas appearing for the applicants in line of the ground stated in the application submitted that the file has travelled different tables and which ultimately, comes to the table of the office of the Government Pleader in the High Court of Gujarat. It is explained in the petition and therefore, it is submitted that since sufficient cause has been explained by the State Government and therefore, delay may be condoned. She would further submit that 6% interest was charged upon the interest by the learned Executing Court while executing the judgment and award passed by the Tribunal under the Land Acquisition Act. She would further submit that charging of 6% interest upon the interest already granted by the learned Tribunal under land reference proceedings is an issue, which is raised in the CRA intended to be filed. However, delay of 5525 days has been caused. She would further submit that the learned Executing Court cannot go beyond the decree and charge interest upon the interest.

3.1 Merely upon above submission, learned AGP prays to allow this application by condoning he delay and to register the CRA.

4. Learned advocate Mr.Shah appearing for the respondent did not appear despite last chance was granted by previous ord