Gujarat High Court
Heirs Of Decd. Hati Ala Loma vs State Of Gujarat on 14 July, 2025
NEUTRAL CITATION
C/FA/4680/2023 JUDGMENT DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4680 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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HEIRS OF DECD. HATI ALA LOMA & ORS.
Versus
STATE OF GUJARAT
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Appellant(s) No. 1.1
MR YOGESHKUMAR A RATANPARA(7260) for the Appellant(s) No. 1,1.2
MS DEVANSHI K PATEL, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 14/07/2025
ORAL JUDGMENT
1. The present First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 read with Section 54 of the Land Acquisition Act, 1894 challenging the judgment and award dated 29.11.2022 passed by learned Principal Senior Civil Judge, Keshod in Land Reference Case No.150 of 2016.
2. Heard learned Mr. Yogeshkumar A. Ratanpara for the appellants-original applicants and learned Assistant Government Pleader Ms. Devanshi K. Patel for respondent-State. Page 1 of 6 Uploaded by RINKU MALI(HC01574) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:49:29 IST 2025
NEUTRAL CITATION C/FA/4680/2023 JUDGMENT DATED: 14/07/2025 undefined
3. Learned advocate for the appellants has submitted that appellants have challenged the judgment and award dated 29.11.2022 passed by learned Principal Senior Civil Judge, Keshod in Land Reference Case No.150 of 2016. The Reference Case of the appellant came to be disposed of as rejected without going into the merits.
4. Learned advocate for the appellant has submitted that original claimant-Hati Ala Loma challenged the compensation awarded by the Land Acquisition Officer dated 11.12.1989. It is contended that the land of village Kerala, Taluka Malia-Hatina , District Junagarh was acquired by the original opponent for the purpose of "Malia-Ladudi-Babra-Vandarvad Road Scheme". It is further submitted that Section 4 notification was published on 29.06.1988 and Section 6 notification was published on 26.11.1998. The compensation awarded by Land Acquisition Officer was on a lower side and therefore, the same was challenged by way of a reference case.. It is further submitted that pending land reference case, the sole claimant expired on Page 2 of 6 Uploaded by RINKU MALI(HC01574) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:49:29 IST 2025 NEUTRAL CITATION C/FA/4680/2023 JUDGMENT DATED: 14/07/2025 undefined 20.09.2020. Since appellants herein, heirs of deceased-claimant, were not aware about the proceedings, could not be impleaded themselves as heirs of deceased-claimant. Resultantly, no evidence was adduced by claimants and therefore, on 29.11.2022, learned Reference Court rejected the Reference Case. It is further submitted that since Reference Case was decided without any opportunity of being heard given to the appellants, impugned judgment and award be quashed and set aside and learned Reference Court be directed to decide the land reference cases afresh after giving an opportunity to lead evidence. Except above, no other submissions are made by learned advocate for appellant.
5. Learned Assistant Government Pleader, on the other hand, contended that despite notices being issued to the claimants, claimants did not remain present and though sole claimant has expired on 20.09.2020, the heirs of deceased-claimant remained negligent and allowed the case to proceed ex parte. It is Page 3 of 6 Uploaded by RINKU MALI(HC01574) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:49:29 IST 2025 NEUTRAL CITATION C/FA/4680/2023 JUDGMENT DATED: 14/07/2025 undefined contended that no case is made out for remand of the Reference Case.
6. I have considered the submissions of learned advocates for the parties and also perused the impugned judgment and award. It appears that land of village Kerala, Taluka Malia-Hatina, District Junagarh was acquired by the original opponent for the purpose of "Malia-Ladudi-Babra-Vandarvad Road Scheme". The original claimant prayed to enhance the valuation of non- irrigated land to Rs.10,000/- per Bigha and for irrigated land to Rs.15,000/- per Bigha. It appears that being aggrieved and dissatisfied with the award of compensation granted by Land Acquisition Officer, original claimant filed Reference Case No.150 of 2016. On 20.09.2020, claimant has expired and thereafter, the heirs of deceased-claimant did not pursue the reference case and the reference case came to be dismissed for non-prosecution. The proceedings under the Land Acquisition Act are benevolent legislation and lands of the poor agriculturists has been acquired for a public purpose. If Page 4 of 6 Uploaded by RINKU MALI(HC01574) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:49:29 IST 2025 NEUTRAL CITATION C/FA/4680/2023 JUDGMENT DATED: 14/07/2025 undefined claimants are not heard on merits and no opportunity is given to claimants to substantiate their claim, claimants who have lost their land and livelihood, would be adversely affected. Undisputedly, in the present case, the Reference Case has not been decided on merits and the same came to be dismissed on 29.11.2022, thereafter, the present First Appeal came to be filed on 27.06.2023. As per the submission canvassed by learned advocate for the appellants, appellants would let go and waive the interest for the period between 29.11.2022 and 27.06.2023. Considering the aforesaid submissions and more particularly, the fact that the reference case has been dismissed without entering into the merits of the case and therefore, the judgment and award dated 29.11.2022 passed by learned Principal Senior Civil Judge, Keshod in Land Reference Case No.150 of 2016 is quashed and set aside with a direction that reference case be decided on merits within a period of three months from the date of receipt of the copy of this order. Resultantly, the present matter is remanded back to the concerned reference Court for Page 5 of 6 Uploaded by RINKU MALI(HC01574) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:49:29 IST 2025 NEUTRAL CITATION C/FA/4680/2023 JUDGMENT DATED: 14/07/2025 undefined fresh adjudication on merits in accordance with law without being influenced by the observations made hereinabove and shall decide the matters as expeditiously as possible preferably within a period of three months from the date of the receipt of writ of this order.
7. It is made clear that parties shall not ask for any unnecessary adjournments and give full co-operation to the learned Reference Court in getting the reference case decided within a period of three months. It is further clarified that no further fresh notice shall be issued to the claimants as learned advocate for appellants undertakes to inform appellants with regard to the order being passed by this Court.
8. With the aforesaid observations and directions, present First Appeal stands disposed of. There shall be no order as to costs.
9. Record and proceedings, if any, be sent back to the concerned Court / Tribunal.
(D. M. DESAI,J) RINKU MALI Page 6 of 6 Uploaded by RINKU MALI(HC01574) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:49:29 IST 2025