Gujarat High Court
Dudhiben D/O Nathabhai Movaliya W/O ... vs Deputy Collector And Prant Officer, ... on 14 November, 2025
NEUTRAL CITATION
C/FA/4119/2025 JUDGMENT DATED: 14/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4119 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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DUDHIBEN D/O NATHABHAI MOVALIYA W/O GOPALBHAI CHIKHALIYA &
ORS.
Versus
DEPUTY COLLECTOR AND PRANT OFFICER, SPECIAL LAND
ACQUISITION OFFICER & ANR.
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1,2,3,4,5,6,7
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1,2,3,4,5,6,7
MR.RAHUL DAVE, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 14/11/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned AGP Mr. Rahul Dave waives service of notice of rule on behalf of the defendnat No.1.
2. This appeal has been filed by the appellant-original claimant under Section 54 of the Land Acquisition Act, 1894 challenging the judgment and award dated 30.06.2018 passed by the learned 2nd Additional Senior Page 1 of 6 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 17 2025 Downloaded on : Tue Nov 18 00:09:47 IST 2025 NEUTRAL CITATION C/FA/4119/2025 JUDGMENT DATED: 14/11/2025 undefined Civil Judge, Jamnagar in Land Acquisition Reference Case No. 42 of 2011, which was consolidated with Land Acquisition Reference Case Nos. 43, 44, and 45 of 2011. By the impugned judgment, the learned Reference Court dismissed the references on the ground of non- appearance of the claimants and further on the ground that, upon the death of applicant Nos. 1 and 3, their legal heirs were not brought on record and the remaining applicants failed to remain present for adducing oral or documentary evidence.
3. It is the case of the present appellant that the land belonging to the claimant, situated at Village Chandragadh, Taluka & District Jamnagar, was acquired for the purpose of construction of the Padana Patiya to Changa Patiya approach road scheme. A notification under Section 4 of the Land Acquisition Act was issued on 24.04.2008, and thereafter, an award under Section 11 of the Act was passed by the Special Land Acquisition Officer, granting compensation at the rate of Rs. 8/- per sq. meter. Being dissatisfied with the awarded compensation and claiming compensation at the rate of Rs. 500/- per sq. meter., the claimant filed reference Page 2 of 6 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 17 2025 Downloaded on : Tue Nov 18 00:09:47 IST 2025 NEUTRAL CITATION C/FA/4119/2025 JUDGMENT DATED: 14/11/2025 undefined cases before the learned Reference Court. However, the said reference cases came to be rejected on the grounds mentioned hereinabove. The present appeal is filed challenging the said decision.
4. Heard learned advocate Mr.Tejas Satta for the appellant and learned AGP Mr.Rahul Dave for defendant-State.
5. Learned advocate Mr.Satta submits that the proceedings were being pursued by applicant Nos. 1 and 3. Upon their demise, their legal heirs were not aware of the pendency of the proceedings, and the remaining applicants were also unaware of the ongoing legal process. Learned advocate Mr.Satta therefore submits that, in these circumstances, a fair opportunity ought to be granted to the appellant to adduce evidence, and the references deserve to be adjudicated on merits. Learned advocate Mr.Satta further submits that, insofar as the issue of the proceedings having remained unattended is concerned, the appellants shall not claim interest for the corresponding period. It is therefore submitted that if the references are decided on merits, the ends of justice would be met.
6. Per contra, learned AGP Mr.Rahul Dave submits that Page 3 of 6 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 17 2025 Downloaded on : Tue Nov 18 00:09:47 IST 2025 NEUTRAL CITATION C/FA/4119/2025 JUDGMENT DATED: 14/11/2025 undefined despite being afforded sufficient opportunities, all the applicants remained absent, and therefore no error can be attributed to the learned Reference Court in dismissing the cases. It is thus submitted that no interference is warranted and the present appeal deserves to be dismissed.
7. Having considered the submissions advanced by the learned advocates for the respective parties and upon examining the reasons assigned by the learned Reference Court, it emerges that the learned Court has recorded in its order that applicant No. 1, Ms. Megha Kala, and applicant No. 3, Khima Lava, expired during the pendency of the proceedings. It is further recorded that, though notices were duly issued and served upon the applicants, they chose to remain absent. This Court has also taken into consideration the decision rendered by the Coordinate Bench of this Court in First Appeal No. 687 of 2024 dated 26.02.2024, wherein, in an identical factual scenario, the Court allowed the first appeal by observing that the appellant shall not claim interest from the date on which the claim remained unattended until the filing of the first appeal. Page 4 of 6 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 17 2025 Downloaded on : Tue Nov 18 00:09:47 IST 2025
NEUTRAL CITATION C/FA/4119/2025 JUDGMENT DATED: 14/11/2025 undefined 7.1. In the opinion of this Court, a fair opportunity is required to be granted to the appellant, subject to the same conditions as imposed by the Coordinate Bench in the above-referred order. It is also pertinent to note that, for the very same project and in an identical factual situation, a similar order has been passed in First Appeal No. 3078 of 2025. For this reason as well, the impugned award deserves to be set aside and the reference is required to be restored to its original file.
8. It is needless to clarify that the appellants shall not claim any interest from the date of framing of the issues, till the date of filing of the present appeal.
9. Accordingly, the first appeal is allowed. The matters are remanded to the concerned Court by setting aside the judgment and decree dated 30.06.2018, with a direction to decide the cases on their merits after providing a fair opportunity to all concerned parties.
10. As the proceedings have been pending since 2008, it would be appropriate to direct the learned Reference Court to decide the land reference cases as expeditiously as possible. Parties shall cooperate with the reference proceedings.
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NEUTRAL CITATION C/FA/4119/2025 JUDGMENT DATED: 14/11/2025 undefined
11. Rule is made absolute.
(M. K. THAKKER,J) NIVYA A. NAIR Page 6 of 6 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Nov 17 2025 Downloaded on : Tue Nov 18 00:09:47 IST 2025