CA/6713/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION No. 6713 of 2008 In FIRST APPEAL (STAMP NUMBER) No. 1628 of 2008 To CIVIL APPLICATION No. 6716 of 2008 In FIRST APPEAL (STAMP NUMBER) No. 1631 of 2008 ========================================================= DEPUTY GENERAL MANAGER - Petitioner(s) Versus PATEL PARSHOTTAM CHHOTABHAI & 1 - Respondent(s) ========================================================= Appearance : MR AJAY R MEHTA for the applicants. Mr. Yatin Soni for opponent no.1. Mr.P.D.Bhate, AGP for for Respondent no.2. ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE and HONOURABLE MR.JUSTICE DN PATEL Date : 20/06/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
the learned advocate Mr. Mehta for the applicant, learned advocate
Mr. Yatin Soni for opponent no. 1 and learned Assistant Government
Pleader Mr. Bhate for opponent no. 2. This is an application for
condonation of delay of 479 days that has occurred in filing the
First Appeal to challenge the award by the Reference Court in land
acquisition matter.
2. Having
gone through the application, particularly para-3 of the application
supported by affidavit, it cannot be said that delay caused in filing
the Appeal has remained totally unexplained. The appellant is an
organisation and procedural delay do occur. Under the circumstances,
we are inclined to condone delay by allowing this application.
3. Application
stands allowed. Delay of 479 days is condoned. Rule made absolute. No
costs.
(A.L.Dave,J)
(D.N.Patel,J)
***darji