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Land vs Omnath

High Court Of Gujarat|07 May, 2012

JUDGMENT / ORDER

Rule.
Learned advocate Mr. KM Sheth waives service of rule for the opponents.
The present civil application has been filed by the applicants-State under sec. 5 of the Limitation Act for condonation of delay in filing the present First Appeal on the grounds stated in the application, inter alia, the procedural delay in getting necessary approvals after following the procedure.
Heard learned AGP Mr. Banaji for the applicants and learned advocate Mr. K.M. Sheth for the respondents.
In view of the grounds mentioned, sufficient cause can be said to have been made out. The Hon'ble Apex Court has laid down guidelines as regards the approach to be adopted in such matters including the observations made in the judgments reported in (2010) 5 SCC 459 as well as in AIR 1996 SC 1623.
Therefore, the present civil application deserves to be allowed and accordingly stands allowed. The delay is condoned. Rule is made absolute.
(Rajesh H. Shukla, J.) (hn) Top
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Title

Land vs Omnath

Court

High Court Of Gujarat

JudgmentDate
07 May, 2012