DEPUTY COLLECTOR Vs. MALIVAD PRATAPBHAI MASURABHAI

JUDGEMENT

(1.) Rule has been served on the proposed legal heirs. However, none has appeared to resist this application for condonation of delay.

(2.) This Civil Application has been filed by the applicants praying for condonation of delay of 386 days in filing of the above First Appeal.

(3.) Learned Assistant Government Pleader Mr. Soaham Joshi submitted that there is a delay of 386 days in filing the First Appeal against the judgment and award dtd. 22/3/2016 passed by the learned Principal Senior Civil Judge, Lunawada in Land Reference Case No.543 of 2010. It is further submitted that the judgment and award was pronounced on 22/3/2016. The certified copy was applied for on 6/9/2016 and the Certified copy was reeived on 6/9/2016. It is submitted that after having received the Certified copy, the concenred District Government Pleader had submitted an opinion for preferring an Appeal. Thereafter, on 21/5/2018, the Additional Engineer, Kadana Project Division submitted proposal which was received by the concerned Department on 28/5/2018. The State Government through the Narmada Water Resources, Water Supply and Kalpsar Department gave permission for placing the case before the Land Acquisition Committee on 1/8/2018. It is submitted that on 1/9/2018, the Revenue Department granted permission for preferring an Appeal with instructions that the file was to be placed before the Legal Department. The Legal Department granted the approval on 7/9/2018, and it was forwarded to Superintending Engineer on 24/9/2018 with an instruction to contact the Office of the Government Pleader. Thereafter, the procedure was followed for drafting of the Appeal.