Case Note & Summary
The present applications were filed by the State of Gujarat through the Special Land Acquisition Officer seeking condonation of delay of 822 days in filing First Appeals against the judgment and award dated 07.01.2023 passed by the learned Principal Senior Civil Judge, Ahmedabad (Rural), Mirzapur in L.A.R Case No.26 of 2012 and other connected matters. The delay occurred between the date of the award and the filing of the appeal. The State contended that the delay was due to administrative procedures, including obtaining certified copies, seeking legal opinions, and forwarding reports between departments. The court heard the learned Assistant Government Pleader Ms. Himani Shah for the State. The court examined the averments in the application and found that the explanation for the delay was not satisfactory. The court noted that the State had not provided a day-to-day explanation for the delay and that the reasons given were vague and lacked sufficient cause. The court held that the State, like any other litigant, must explain the delay satisfactorily and cannot claim any special treatment. The court dismissed the applications, refusing to condone the delay, and consequently, the First Appeals were also dismissed as time-barred.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The applicant-State sought condonation of 822 days delay in filing appeal against land acquisition award - The court found that the explanation for delay was vague and lacked sufficient cause, as the State merely cited internal administrative procedures without justifying each day's delay - Held that the State cannot claim special treatment and must explain delay satisfactorily (Paras 1-10).
Issue of Consideration
Whether the delay of 822 days in filing the First Appeal against the judgment and award dated 07.01.2023 passed by the learned Principal Senior Civil Judge, Ahmedabad (Rural), Mirzapur in L.A.R Case No.26 of 2012 and other connected matters should be condoned.
Final Decision
The court dismissed the applications for condonation of delay, refusing to condone the delay of 822 days. Consequently, the First Appeals were also dismissed as time-barred.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation Act
- Section 5
- Land acquisition
- State as litigant
- Unexplained delay
- Dismissal of application
