Gujarat High Court
Sandhi Hasam Ibrahim vs State Of Gujarat on 28 July, 2025
NEUTRAL CITATION
C/FA/738/2025 ORDER DATED: 28/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 738 of 2025
With
R/FIRST APPEAL NO. 896 of 2025
With
R/FIRST APPEAL NO. 1004 of 2025
With
R/FIRST APPEAL NO. 1356 of 2025
With
R/FIRST APPEAL NO. 1357 of 2025
With
R/FIRST APPEAL NO. 1701 of 2025
With
R/FIRST APPEAL NO. 2092 of 2025
With
R/FIRST APPEAL NO. 2165 of 2025
With
R/FIRST APPEAL NO. 2093 of 2025
With
R/FIRST APPEAL NO. 2094 of 2025
With
R/FIRST APPEAL NO. 2095 of 2025
==========================================================
SANDHI HASAM IBRAHIM
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. BHAUMIK DHOLARIYA(7009) for the Appellant(s) No. 1
MR.RAHUL DAVE AGP APPEARED IN F.A.Nos.738, 896 & 1004 OF 2025
MR.SHAUNAK VYAS AGP APPEARED IN F.A.Nos.1356, 1357 & 1701 OF
2025
MS.DHARITRI PANCHOLI AGP APPEARED IN F.A.Nos.2092, 2165, 2093,
2094 & 2095 OF 2025
GOVERNMENT PLEADER for the Defendant(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 28/07/2025
COMMON ORAL ORDER
1. The captioned First Appeals are filed by the Page 1 of 8 Uploaded by MANOJ KUMAR(HC01092) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:17:10 IST 2025 NEUTRAL CITATION C/FA/738/2025 ORDER DATED: 28/07/2025 undefined appellants - original claimants against the judgment and award dated 14.10.2024 and 30.09.2024 passed by the learned Additional Senior Civil Judge, Porbandar in LAR Nos.19, 4, 7, 3, 8, 9, 11, 18, 10, 16 and 14 of 2019 in respective matter, wherein the learned Judge had dismissed the reference cases.
2. Heard learned advocate Mr.Bhaumik Dholariya for the appellants - original claimants and learned AGP for the respondent - State.
3. Brief facts of the present case are as under:-
3.1 The land of the appellant of First Appeal No.738 of 2025 is situated at Village: Rana Rojivada Taluka & Dist.: Porbandar and the land of appellant/s of other captioned First Appeals are situated at Village:
Ishvariya Taluka & Dist.: Porbandar acquired by the Page 2 of 8 Uploaded by MANOJ KUMAR(HC01092) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:17:10 IST 2025 NEUTRAL CITATION C/FA/738/2025 ORDER DATED: 28/07/2025 undefined respondent - authority for a public purpose of Vartu- 2 Irrigation Scheme. The respondent - authority awarded meager amount of compensation for acquired land. Therefore, present appellant/s filed an application under Section 18 of the Land Acquisition Act, 1894 for enhancement of compensation. After considering the evidence available on record, learned Additional Senior Civil Judge dismissed the reference cases as claimant/s remained absent and did not lead any evidence. 3.2 Being aggrieved and dissatisfied with the impugned judgment and award, appellants are before this Court.
4. Learned advocate for the appellant/s submitted that Reference Case of the appellant/s came to be dismissed for non-appearance of the appellant/s Page 3 of 8 Uploaded by MANOJ KUMAR(HC01092) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:17:10 IST 2025 NEUTRAL CITATION C/FA/738/2025 ORDER DATED: 28/07/2025 undefined and their respective Advocate by learned Additional Senior Civil Judge, Porbandar.
4.1 It is further submitted that the land of appellant/s as stated hereinabove was acquired by the respondent - authority for a public purpose of Vartu- 2 Irrigation Scheme. The respondent - authority awarded meager compensation for acquired land. Reference case of the claimant/s was forwarded by competent authority to the learned District Court, Jamnagar. Thereafter, Reference case came to be transferred to Principal Senior Civil Court, Khambhaliya in the year 2009, and in the year 2018, the learned Principal Senior Civil Judge, Devbhumi Dwarka at Khambhaliya returned the land reference case to the appellant/s to be presented before the competent Court. Thereafter reference case was filed before the learned Principal Page 4 of 8 Uploaded by MANOJ KUMAR(HC01092) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:17:10 IST 2025 NEUTRAL CITATION C/FA/738/2025 ORDER DATED: 28/07/2025 undefined Senior Civil Judge, Porbandar in the year 2019. Notices came to be issued to the parties. Issues were framed in LAR Nos.19, 09, 11, 18, 10, 16 and 14 of 2019 on 05.10.2024 and in LAR Nos.4, 7, 3 and 8 of 2019 on 21.08.2024.
4.2 Learned advocate for the appellant/s submitted that claimants shall not claim any interest on the additional compensation, if awarded, that is on date on when issues came to be framed i.e. 05.10.2024 and 21.08.2024 in respective LAR Cases, till today.
5. Per contra, learned AGP has opposed to the said request and contended that the claimant/s were given ample opportunity, despite that claimant/s remained absent resultantly reference cases came to be Page 5 of 8 Uploaded by MANOJ KUMAR(HC01092) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:17:10 IST 2025 NEUTRAL CITATION C/FA/738/2025 ORDER DATED: 28/07/2025 undefined dismissed. It appears from the impugned judgment that the claimants did not lead any evidence, and the reference case came to be dismissed for want of evidence. It is further submitted that the claimants- appellant/s shall not be entitled for any interest.
6. I have considered the submissions canvassed by learned advocates for the respective parties and in view of the aforesaid facts and circumstances, it would be in the interest of justice that the impugned judgment and award dated 14.10.2024 and 30.09.2024 passed by the learned Additional Senior Civil Judge, Porbandar in LAR Nos.19, 4, 7, 3, 8, 9, 11, 18, 10, 16 and 14 of 2019 in captioned First Appeals, are hereby quashed set aside. And all reference cases are remanded back to the Reference Court for fresh Page 6 of 8 Uploaded by MANOJ KUMAR(HC01092) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:17:10 IST 2025 NEUTRAL CITATION C/FA/738/2025 ORDER DATED: 28/07/2025 undefined adjudication on merits after giving due opportunity of hearing to both the sides. The learned Reference Court shall decide the matters on its own merits. The parties are directed to remain present before the learned Reference Court. No fresh notice be issued to claimant/s. Both parties are permitted to lead evidence in support of their cases. The learned Reference Court shall decide the reference cases as expeditiously as possible preferably within a period of three months from the date of receipt of this order. Both parties shall give full Corporation to the learned reference Court in expeditious hearing.
7. Appellant/s - claimant/s shall not be entitled for any interest from the date of framing of issue in the respective LAR Cases till the date of passing of this Page 7 of 8 Uploaded by MANOJ KUMAR(HC01092) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:17:10 IST 2025 NEUTRAL CITATION C/FA/738/2025 ORDER DATED: 28/07/2025 undefined order i.e. 28.07.2025.
8. In view of above, captioned First Appeals stand disposed of accordingly.
9. Record and proceedings, if any, received, be sent back to the concerned Court/Tribunal.
10. Registry shall place a copy of this order in each matter.
(D. M. DESAI,J) MANOJ Page 8 of 8 Uploaded by MANOJ KUMAR(HC01092) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:17:10 IST 2025