Case Note & Summary
The State of Gujarat and its officers filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of 2608 days delay in filing an appeal against the judgment and award dated 30.06.2018 passed by the learned Principal Senior Civil Judge, Godhra in Land Acquisition Case No.587 of 2010. The Reference Court had granted additional compensation at the rate of Rs.466.42 per sq.mtr. in addition to Rs.18.40 per sq.mtr. granted by the Special Land Acquisition Officer. The State contended that the delay occurred due to the time taken in obtaining certified copies, tendering opinion, and administrative processing. The certified copy was applied on 04.10.2018 and received on 21.05.2019; opinion was tendered on 31.07.2019 and received by the office on 02.08.2019; thereafter, the file was sent to the Law Department on 19.08.2019 and returned on 16.09.2019; further processing led to the appeal being filed only in 2025. The Court observed that the explanation was vague and did not account for the entire period of delay. The Court noted that the State had not explained the delay from 16.09.2019 to the date of filing in 2025. Relying on precedents that the State must act with diligence, the Court held that the delay was not properly explained and dismissed the application.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The State sought condonation of 2608 days delay in filing appeal against enhanced compensation award - The Court held that the explanation of administrative procedures and internal file movements does not constitute sufficient cause - The delay was not properly explained and the application was dismissed (Paras 1-14).
Issue of Consideration
Whether the delay of 2608 days in filing the appeal against the judgment and award dated 30.06.2018 in Land Acquisition Case No.587 of 2010 should be condoned under Section 5 of the Limitation Act, 1963.
Final Decision
The application for condonation of delay is dismissed. The delay of 2608 days is not condoned.
Law Points
- Condonation of delay
- Limitation Act
- Section 5
- Sufficient cause
- Unexplained delay
- Government lethargy
Case Details
R/Civil Application (For Condonation of Delay) No. 5717 of 2025 in F/First Appeal/35206/2025
Ms. Himani Shah, AGP for the Applicant(s) No. 1,2,3
LH of Decd Ismail Abdul Kureshi & Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil application for condonation of delay in filing first appeal against a land acquisition compensation award.
Remedy Sought
The State of Gujarat sought condonation of 2608 days delay in filing the appeal against the judgment and award dated 30.06.2018.
Filing Reason
The State was aggrieved by the enhanced compensation granted by the Reference Court and wished to appeal, but there was a delay of 2608 days.
Previous Decisions
The learned Principal Senior Civil Judge, Godhra in Land Acquisition Case No.587 of 2010 granted additional compensation at Rs.466.42 per sq.mtr. over and above Rs.18.40 per sq.mtr. awarded by the Special Land Acquisition Officer.
Issues
Whether the delay of 2608 days in filing the appeal should be condoned under Section 5 of the Limitation Act, 1963.
Submissions/Arguments
Learned AGP Ms. Himani Shah reiterated the averments in the application, explaining the delay due to administrative procedures: certified copy applied on 04.10.2018, received on 21.05.2019; opinion tendered on 31.07.2019, received on 02.08.2019; file sent to Law Department on 19.08.2019, returned on 16.09.2019; thereafter further processing led to filing in 2025.
Ratio Decidendi
The State must act with diligence and cannot rely on administrative lethargy to explain inordinate delay. Unexplained delay of 2608 days does not constitute sufficient cause under Section 5 of the Limitation Act, 1963.
Judgment Excerpts
The present application is filed under section 5 of the Limitation Act challenging the judgment and award dated 30.06.2018 passed by learned Principal Senior Civil Judge, Godhra in Land Acquisition Case No.587 of 2010 whereby, the learned Reference Court has granted additional compensation at the rate of Rs.466.42 per sq.mtr. in addition to 18.40 per sq.mtr. granted by Special Land Acquisition Officer.
In filing the appeal, there was a delay of 2608 days.
Procedural History
The Reference Court passed the award on 30.06.2018. The State applied for certified copy on 04.10.2018, received on 21.05.2019. Opinion tendered on 31.07.2019, received on 02.08.2019. File sent to Law Department on 19.08.2019, returned on 16.09.2019. Thereafter, the appeal was filed in 2025 with a delay of 2608 days. The present application for condonation of delay was filed and heard on 16.01.2026.
Acts & Sections
- Limitation Act, 1963: Section 5
