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2017 (6) TMI 1219 - HC - Indian LawsCondonation of delay of 744 days, which had occurred in filing the First Appeals by the State of Gujarat - Revenue submits that the delay which had occurred in preferring the appeals is merely on account of procedure required to be followed and that on account of financial implication, Government had to decide to constitute a committee especially with reference to resolution of the State Government regarding preferring appeals where petty amount is involved. Respondent argues that now it is well settled proposition of law that even for the State Government, delay has to be explained in detail and in fact explanation on day to day basis is required to be pleaded and established. According to him no explanation is offered for the delay for the period between 16.01.2014 and 01.08.2015. Similarly no explanation is offered for the delay between 01.08.2015 and 01.11.2015. Held that: - The major portion of the delay between the date of the impugned award and the date of knowledge of the award to the Department concerned with the acquisition process can be attributed only to any individual whose responsibility it was to embark upon the proceedings which are the natural consequences of the impugned award. The options available are either to accept the award and proceed to execute the same or to challenge the same. Nothing on record is pointed out about the steps taken by claimants also to get the award executed. When there is a large time gap in the initiation of the action, but once action is initiated it is vigilantly followed and reasonably explained, then the initial time gap in initiating the action requires to be construed liberally - In a given case, the reason behind lack of prompt action at local level can be attributed to several local factors prevailing at relevant time. These factors may not be within the control or knowledge of the Government Department at the State level. Hence such situation, if results in delay in initiating the process of filing appeal, if not inordinate, should not be permitted to act detrimental to the interest of the State at large. This Court is of the view that condonation of delay and permitting the State to proceed with the litigation would not, in any manner, cause any hardship to the claimants as in any case, the lands stood acquired for the public purpose - this Court is persuaded to construe the delay liberally and accept the explanation given for the delay in preferring the appeal. Application for COD allowed.
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