Case Note & Summary
The State of Gujarat filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of a delay of 2495 days in filing a first appeal against a judgment and award dated 07.07.2018 passed by the learned 8th Additional Senior Civil Judge at Jamnagar. The award determined the market value of land acquired in village Nanavadala, Taluka Kalawad, District Jamnagar, for the Fofal-2 Irrigation Scheme, with notification under Section 4 issued on 28.08.1997. The applicant-State, represented by learned AGP Mr. Bhavesh Desai, argued that the delay was caused by administrative reasons, specifically the procedure for moving the file from the Deputy Executive Engineer, Irrigation Sub-Division No.2 to the Executive Engineer, Rajkot Irrigation Circle, and then to the Narmada Water Resources and Water Supply and Kalpsar Department. An additional affidavit was filed in compliance with the Court's direction dated 16.12.2025, attempting to further explain the delay. The Court, after hearing the submissions and reviewing the grounds, found that the explanations merely described the bureaucratic process without providing any substantive justification for the inordinate delay. The Court observed that the grounds were lengthy but only stated the procedure for moving the file between departments, which did not constitute 'sufficient cause' under Section 5 of the Limitation Act. Consequently, the Court dismissed the application, refusing to condone the delay.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The applicant-State sought condonation of 2495 days delay in filing appeal against land acquisition award, citing administrative procedures for moving files between departments. The Court held that such explanations, which merely describe the bureaucratic process without justifying the delay, do not constitute 'sufficient cause' for condonation. The application was dismissed as the grounds were lengthy but lacked substantive reasoning for the inordinate delay (Paras 1-3).
Issue of Consideration
Whether the delay of 2495 days in filing the first appeal against the judgment and award dated 07.07.2018 passed by the learned 8th Additional Senior Civil Judge at Jamnagar should be condoned on the grounds of administrative reasons.
Final Decision
The application for condonation of delay is dismissed. The delay of 2495 days is not condoned.
Law Points
- Condonation of delay
- Sufficient cause
- Inordinate delay
- Limitation Act
- Section 5
- Administrative delay
- Land acquisition appeal
Case Details
R/Civil Application (For Condonation of Delay) No. 4470 of 2025 in F/First Appeal No. 24945 of 2025
Mr. Bhavesh Desai, AGP for the applicant; Rule served for respondent
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Nature of Litigation
Civil application for condonation of delay in filing first appeal against land acquisition award
Remedy Sought
The applicant-State sought condonation of 2495 days delay in filing the first appeal challenging the judgment and award dated 07.07.2018 passed by the learned 8th Additional Senior Civil Judge at Jamnagar.
Filing Reason
The State of Gujarat filed the application to condone the delay caused by administrative reasons in moving the file between departments.
Previous Decisions
The learned 8th Additional Senior Civil Judge at Jamnagar passed the judgment and award dated 07.07.2018 determining the market value of the acquired land.
Issues
Whether the delay of 2495 days in filing the first appeal should be condoned on the grounds of administrative reasons.
Submissions/Arguments
Learned AGP Mr. Bhavesh Desai submitted that the delay was caused due to administrative reasons, specifically the procedure for moving the file from the Deputy Executive Engineer, Irrigation Sub-Division No.2 to the Executive Engineer, Rajkot Irrigation Circle, and then to the Narmada Water Resources and Water Supply and Kalpsar Department. An additional affidavit was filed in compliance with the Court's direction dated 16.12.2025 to further explain the delay.
Ratio Decidendi
The explanations offered for the delay merely describe the administrative procedure for moving files between departments and do not constitute 'sufficient cause' for condonation of inordinate delay under Section 5 of the Limitation Act, 1963.
Judgment Excerpts
The present application is filed seeking condonation of delay of 2495 days in filing the first appeal challenging the judgment and award dated 07.07.2018 passed by learned 8th Additional Senior Civil Judge at Jamnagar.
Considering the submissions made by learned AGP Mr.Bhavesh Desai and on referring the grounds stated in the application which are reproduced hereinbelow, in the opinion of this Court, though the grounds are lengthy but it only states the procedure for moving the file from Deputy Executive Engineer, Irrigation Sub-Division No.2 to the office of Executive Engineer, Rajkot Irrigation Circle and to the department of Narmada Water Resources and Water Supply and Kalpsar Department.
Procedural History
The learned 8th Additional Senior Civil Judge at Jamnagar passed the judgment and award on 07.07.2018. The State of Gujarat filed the present Civil Application on an unspecified date seeking condonation of 2495 days delay in filing the first appeal. The Court issued directions on 16.12.2025, pursuant to which an additional affidavit was filed. The application was heard and dismissed on 27.01.2026.
Acts & Sections
- Limitation Act, 1963: Section 5
