STATE OF GUJARAT Vs. LABHUVANTIBEN NARSHIBHAI DHANKECHA

JUDGEMENT

(1.) Present Civil Application is filed seeking condonation of delay of 102 days in preferring the First Appeal against the judgment and award passed by the 5th Additional Senior Civil Judge, Rajkot in Land Reference Case No.434/1998 dtd. 4/12/2019.

(2.) Learned AGP has submitted that the delay has occurred primarily on account of Pandemic situation as the factum of the award came to the knowledge after execution application was filed by the respondent on 07- 08-2020 and initiation with regard to the such pending execution application was given to the present appellant through acquiring Authority only on 1/7/2021. Thereafter, on account of the administrative procedure required to be undertaken before preferring Appeal like seeking prior sanction from the concerned Department at the State level, the delay had occurred.

(3.) Learned Advocate for the respondent has strongly objected to the grant of delay condone application on the ground that the applicant has not approached this Court with clean hands, when they claim that they were not aware of the passing of the award. Learned Advocate relies upon the documents placed in support of his Affidavit, which is Pursis of the Officer of the R&B Department, where it is in the Executing Court, where it is stated that the proposal for securing grant for payment of compensation, has already been moved with the State Government and is pending at that stage and therefore, averments made with regard to lack of knowledge is not correct reflection of fact and the applicant has not come with clean hands.