LAWS(GJH)-2022-4-970

DEPUTY COLLECTOR Vs. PARMAR BHIKHABHAI LAXMANBHAI

Decided On April 22, 2022
DEPUTY COLLECTOR Appellant
V/S
Parmar Bhikhabhai Laxmanbhai Respondents

JUDGEMENT

(1.) This Civil Application has been filed by the applicants praying for condonation of delay of 746 days in filing of the above First Appeal.

(2.) Learned Assistant Government Pleader submitted that there is a delay of 746 days in filing the First Appeal against the judgment and award dtd. 27/9/2017 passed by the learned 2nd Additional Senior Civil Judge, Panchmahal at Godhra in Land Reference Case No.78 of 2016. It is further submitted that the judgment and award was passed on 27/9/2017, the application for certified copy was moved on 6/11/2017 which came to be supplied on 7/2/2018. The certified copy was provided to the Office of the Government Pleader on 10/5/2018. The Executive Engineer, Ahmedabad Irrigation Circle submitted the opinion on 30/4/2018 which was received by the Department on 10/5/2018 and on 24/7/2018, the Deputy Collector, Special Land Acquisition Officer received approval pursuant to the permission of the Committee. Further, on 1/8/2018, the Committee granted permission to the Department to prefer an Appeal against the judgment and award.

(3.) Learned Assistant Government Pleader has referred to the decision of the Division Bench of this Court in the case of Special Land Acquisition Officer v. Lilavatiben Kodar Ranchod and Others reported in (2002) 3 GLR 26, where it has been held as under :-