Case Note & Summary
The Special Land Acquisition Officer and another applicant filed an application under Section 5 of the Limitation Act seeking condonation of 774 days delay in filing a First Appeal against the judgment and award dated 07.01.2023 passed by the learned Principal Senior Civil Judge, Ahmedabad (Rural), Mirzapur in L.A.R. Case No.231 of 2012 and connected cases. The applicants, represented by learned AGP Ms. Bhumi Gandhi, argued that the delay occurred due to administrative procedures: obtaining certified copy (applied on 10.01.2023, received on 01.03.2023), receiving Law Officers Rules Report on 30.06.2023, seeking opinion from Sardar Sarovar Narmada Nigam Limited on 06.07.2023, and sending reminders. The court noted that the application merely reproduced the averments without providing specific dates or reasons for the entire delay. The court held that the explanation was vague and did not constitute 'sufficient cause' under Section 5 of the Limitation Act. The court emphasized that each day's delay must be explained, and the state cannot claim special treatment. Consequently, the application was dismissed, and the delay was not condoned.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The applicant sought condonation of 774 days delay in filing appeal against land acquisition award - The court held that the explanation for delay was vague and lacked sufficient cause - The state failed to explain each day's delay with cogent evidence - Application dismissed (Paras 1-9).
Issue of Consideration
Whether the delay of 774 days in filing the First Appeal against the judgment and award dated 07.01.2023 should be condoned.
Final Decision
The application is dismissed. The delay of 774 days is not condoned.
Law Points
- Condonation of delay
- Sufficient cause
- Each day's delay must be explained
- Limitation Act Section 5
- Government cannot claim special treatment
Case Details
R/Civil Application (For Condonation of Delay) No. 3768 of 2025 in F/First Appeal/22076/2025 with R/Civil Application No. 3798 of 2025 in F/First Appeal No. 22074 of 2025
Ms. Bhumi Gandhi, AGP for the Applicant(s) No. 1,2; Unserved Expired (N) for the Respondent(s) No. 1
The Special Land Acquisition Officer & Anr.
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Nature of Litigation
Civil application for condonation of delay in filing first appeal against land acquisition award.
Remedy Sought
Condonation of 774 days delay in filing First Appeal.
Filing Reason
Delay in filing appeal due to administrative procedures.
Previous Decisions
Judgment and award dated 07.01.2023 passed by learned Principal Senior Civil Judge, Ahmedabad (Rural), Mirzapur in L.A.R. Case No.231 of 2012 and connected cases.
Issues
Whether the delay of 774 days in filing the First Appeal should be condoned.
Submissions/Arguments
The applicant submitted that the delay occurred due to administrative procedures: obtaining certified copy, receiving Law Officers Rules Report, seeking opinion from Sardar Sarovar Narmada Nigam Limited, and sending reminders.
Ratio Decidendi
The explanation for delay was vague and did not constitute 'sufficient cause' under Section 5 of the Limitation Act. Each day's delay must be explained, and the state cannot claim special treatment.
Judgment Excerpts
Since the issues raised in these applications are similar, they are being decided by a common judgment.
The present application is filed seeking condonation of delay of 774 days in filing the First Appeal challenging the judgment and award dated 07.01.2023 passed by learned Principal Senior Civil Judge, Ahmedabad (Rural), Mirzapur in L.A.R Case No.231 of 2012 and L.A.R Case No.232 of 2012 to L.A.R Case No.235 of 2012.
Procedural History
The judgment and award was passed on 07.01.2023. The applicant applied for certified copy on 10.01.2023 and received it on 01.03.2023. On 30.06.2023, the Law Officers Rules Report was received. On 06.07.2023, a letter was sent for opinion from Sardar Sarovar Narmada Nigam Limited. On 07.07.2023, the opinion was received. A reminder was sent on 13.09.2023. The present application was filed in 2025.
Acts & Sections
- Limitation Act, 1963: Section 5
