LAWS(GJH)-2020-1-303

STATE OF GUJARAT Vs. KASIBEN RATANJIBHAI GAMIT

Decided On January 28, 2020
STATE OF GUJARAT Appellant
V/S
Kasiben Ratanjibhai Gamit Respondents

JUDGEMENT

(1.) In The State of Madhya Pradesh v. Bherulal [IA No.62372 of 2020 in Special Leave Petition (C) No.9217 of 2020] order came to be passed by the Honourable Supreme Court refusing to condone the delay of 663 days with the following prefacing observations.

(2.) These Civil Applications are filed seeking condonation of delay occasioned in preferring the respective First Appeals which arise from common judgment and award in Land Reference Case Nos.231-236 of 2012 passed by learned Principal Senior Civil Judge at Vyara, District Tapi, whereby the Reference Court awarded additional compensation at the rate of Rs.270.00 per sq. mtrs. in respect of land situated in Village Veldha, Taluka Vyara which was situated near the municipal limits of the City of Vyara and acquired for the purpose of construction of Ukai High Level Cantor Canal.

(3.) The judgment and award by the Reference Court was delivered on 5/11/2014 in all cases. The certified copy came to be applied on 25/6/2015 which was stated to be ready on 21/7/2015. Explaining the delay, it was stated that thereafter the District Government Pleader submitted opinion regarding preferring of appeal on 21/10/2015. This opinion was received by the office of the Superintending Engineer. The file was then put up before the State Government. It was then forwarded to the Budget Branch of the Finance Department, it was stated; a committee of the Finance Department was constituted to which the proposal was submitted on 1/2/2016. It is then stated that now opinion of the Superintending Engineer was received; the check-list was prepared and the file was again put up before the State Government. It was considered by yet another committee known as Land Acquisition Committee.