STATE OF GUJARAT Vs. ABHESINH JIBHAIBHAI

JUDGEMENT

(1.) By way of this Civil Application, the applicants - original opponents have sought condonation of delay of 565 days, which has caused in preferring First Appeal against the judgment and award dtd. 1/5/2018 passed by the learned Principal Senior Civil Judge, Shehra, in Land Acquisition Reference Nos.229 to 235 of 2017 and 4 and 6 of 2018. The applicants have stated the circumstances in the application as to why the delay has occasioned in preferring the aforesaid First Appeal.

(2.) When the matter is taken up for hearing, the learned AGP has pointed that the detailed circumstances narrated in the application with regard to the justification of delay and considering the explanation, which has been given, a request is made to grant the relief by condoning the delay. At this stage, learned AGP has further pointed out that the awarded amount has already been deposited by the applicant in the month of March, 2022 before the Court concerned by Demand Draft, the particulars has been placed on record by tendering xerox copy of the same. As such learned AGP requested to condone the delay. In addition thereto, learned AGP has drawn our attention to the decision delivered by the Hon'ble Apex Court in the case of State (NCT of Delhi) Vs. Ahmed Jaan reported in (2008) 14 Supreme Court Cases 582. By referring to the same, request is made to condone the delay.

(3.) As against, learned advocate Mr. Raval appearing on behalf of the contesting respondents initially has made an attempt to oppose the request made by the applicant and has submitted that the detailed affidavit in reply is filed. But after considering the submissions made by the learned AGP, he has left it to the discretion of this Court.