LAND ACQUISITION OFFICER Vs. MALIWAD NANABHAI KHATRABHAI

JUDGEMENT

(1.) RULE returnable forthwith. Learned Advocate Mr. Vijay N. Raval waives service of notice of Rule on behalf of the respondent.

(2.) This Civil Application has been filed by the applicants praying for condonation of delay of 1241 days in filing of the above First Appeal.

(3.) Learned Assistant Government Pleader Ms. Vrunda C. Shah submitted that there is a delay of 1241 days in filing the First Appeal against the judgment and award dtd. 28/3/2016 passed by the learned Additional Senior Civil Judge, Lunawada in L.A.R. No.326/2009. It is further submitted that the learned Government Pleader had applied for the Certified copy on 2/4/2016 and the certified copy was received on 21/8/2017. It is also submitted that the learned Government Pleader had submitted his opinion of preferring an Appeal on 19/2/2018, the Report of LOR was submitted before the sub-division which was further forwarded to the main Branch of the sub-division on 28/2/2018 and 13/8/2018, the proposal was prepared which was submitted before the State Government who had received on 26/3/2018. Thereafter, on 29/5/2018 further complete details were called for which was processed by the Superintending Engineer, Kadana Yojana and on 16/12/2018, the State Government had taken a decision to refer the case to Land Acquisition Committee headed by the Chief Engineer (South Gujarat) and Additional Secretary, Narmada Water Resources, Water Supply and Kalpasar Department and on 7/2/2019, the Committee took a decision to prefer an Appeal. Thereafter, it again went for further processing and approval and on 1/3/2019, the Revenue Department granted the approval. The file was submitted before the Legal Department and on 6/3/2019, the Legal Department consented for preferring an Appeal.