Gujarat High Court
Dalwadi Laljibhai Ramjibhai vs State Of Gujarat on 17 November, 2025
NEUTRAL CITATION
C/SCA/9682/2022 ORDER DATED: 17/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9682 of 2022
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DALWADI LALJIBHAI RAMJIBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR JINESH H KAPADIA(5601) for the Petitioner(s) No. 1
MR. JAY TRIVEDI, AGP for the Respondent(s) No. 1 - STATE
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 17/11/2025
ORAL ORDER
1. By way of filing the present petition under Article 226 of the Constitution of India, the present petitioner prayed for the following reliefs:
"(A) That this Hon'ble Court will be pleased to quash and set aside the impugnedorder dated: 19/8/2021, having No. JSP/Case No.25/2008/7/2021/1561(2020) passed by the respondent no.2, produced at annexure "F" to the petition and direct the respondent no.2 to considered and passed award pursuant to the application u/s 28A of the petitioners expeditiously as possible.
"8(AA): That this Hon'ble Court will be pleased to quash and set aside the impugned order dated:
17/2/2023, having No. JSP/Case No.25/2008/2- 2023/1561(2020) passed by the respondent no.2, Page 1 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined produced at annexure "R-3" at page 89 and direct the respondent no.2 to considered and passed award pursuant to the application u/s 28A of the petitioners expeditiously as possible."
(B) Pending admission, hearing and final disposal of this petition, be pleased to direct therespondent no.2 to Ja complete the process of application of the petitioner. (C) Any other relief which this Hon'ble Court deem fit, just and expedient be granted in the interest of justice." 2.1 Learned advocate Mr. Jinesh Kapadia appearing for the petitioner submits that in fact, to consider the issue involved the said matter, firstly, he would like to bring the notice of this Hon'ble Court certain sequences of the events of incident occurred in the said matter so far. He submits that it is an admitted position of fact that applicant's land has been acquired by the Acquiring Body, and he has filed an application for the purpose of getting amount of compensation and the said application has been entertained by the Authority concerned, and amount of compensation has already been awarded without delay. Thenafter, other identically situated persons had filed application for enhancement of compensation by raising many fold grounds to the Page 2 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined Authority, and considering the averments made in the memo of applications, the said papers were forwarded to the Reference Court. The Reference Court has made reference to the Civil Court and thenafter, the learned Senior Civil Judge, Dhrangadhra has allowed the said References of the so-called aggrieved parties by delivering judgment and award dated 26.03.2018. As soon as those particular facts have come to the notice of the applicant, therefore, immediately within a period of limitation i.e., 90 days, the applicant herein has filed an application under Section 28A of the Land Acquisition Act on 22.06.2018 before Acquiring Body to enhance his compensation based upon the outcome of the procedure of identically situated persons and notifications. As the issue involved in the matter is based upon the same set of documents and materials and as per the statutory provision of law, legally the applicant is entitled to get additional enhanced amount of compensation despite the fact reference had not been filed by him at earlier point of time.
2.2 The dependents of those proceedings, as the applicant has not received any amount under the Page 3 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined provisions of Section 11 of the Land Acquisition Act, he preferred a separate application by narrating those particular facts, which is also entertained to get amount of compensation under the said provisions, which is already awarded by the Acquisition Body. The said application has been preferred by the applicant on 20.05.2020. Thenafter on 26.05.2020, notice was issued to the applicant by the Acquiring Body, specifically stating that he has to produce document in support of his claim, which was subsequently supplied by the applicant herein. On 19.08.2021, under the wrong premise, the said application filed by the applicant has been disposed of by the respondent - Authority specifically observing that the documents, relied by the applicant, i.e., the land reference case, was delivered by the learned Senior Civil Judge, Dhrangadhra on 26.03.2018, and thenafter, the application has been preferred under Section 28A of the Land Acquisition Act on 28.05.2020. The record indicates that there is gross delay of two years and one month in preferring the said application. Therefore, the said application is not required to be entertained. A copy of the said order is received by the applicant and thenafter, within a period of no time, on 22.09.2021, another Page 4 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined correspondence was made from the office of the respondent, specifically stating that once the say of applicant was verified by the record and found that the th application is preferred on the 78 day from the date of delivery of the order, which is prima facie found well within the time frame schedule. Thenafter, the applicant herein has filed the application before this Hon'ble Court. Considering the above-stated eventuality of the facts of the matter, the Co-ordinate Bench of this Hon'ble Court has given specific directions to the Authority concerned to verify the same and pass necessary order. Based upon this, the Competent Authority concerned has once again verified the record and on 17.02.2023 jumped to the conclusion that the application preferred by the applicant under the provisions of Section 28A of the Land Acquisition Act is not found well within the time frame schedule and hence, the said application is required to be dismissed. The copy of the said order is filed by way of amendment application, and based upon the same, the prayer clause of the present petition is also amended. 2.3 Learned advocate Mr. Jinesh Kapadia appearing for the petitioner submits that if the Hon'ble Court would Page 5 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined make cursory glance at the observations and the findings made by the Authority concerned, as well as contents of the observations made by the Authority, in that event, it would have been found out that without application of mind and without verifying the record and proceedings in proper manner, straightaway order is passed. He submits that in fact, he has already produced a copy of the application filed before the Competent Authority; if the Hon'ble Court would make cursory glance at the same, in that event, it would have been found out that the concerned responsible officer of the Authority has made endorsement on the said applications, which crystallizes the position of the fact that the said application was delivered by the applicant herein on 22.06.2018, and as per the statutory provisions of law, that within a period 90 days, the said application is required to be entertained. The date mentioned in the applications shows that the applicant has preferred the application on th the 78 day from the date of delivery of the decision by the said Judge. Therefore, the present application requires consideration by quashing and setting aside the decisions taken by the Land Acquisition Officer by way of impugned order dated 19.08.2021.
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NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined 3.1 Per contra, Mr. Jay Trivedi, learned Assistant Government Pleader appearing for the respondent No.1 - State submits that in fact, record reveals that application has been preferred well within the time frame schedule, but if the Hon'ble Court would make a cursory glance at the operative part of the order, in that event, it would have been found out that the original papers were not found from the office, and after the intensive search of the record, they would have laid their hand upon the certain materials, wherein endorsement pertaining to specific date of receiving the application was not found out. Based upon which, the Authority concerned took decision that the application is not filed well within the time frame schedule, whereupon date is mentioned as 20.05.2020, whereas the learned Special Senior Judge has delivered the said decision on 28.06.2018, therefore, the Authority has, under the bona fide belief, passed the said order.
3.2 Learned AGP Mr. Trivedi has fairly conceded before this Hon'ble Court that the documents upon which reliance has been placed by the learned advocate for the applicant is already annexed with the memo of petition. Page 7 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025
NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined He has verified the same and found that an endorsement of the officer of the respondent is found upon the application, which crystallizes the factual aspect of the matter that the said application had been received from the office of the respondent on 22.06.2018. 4.1 Heard learned advocates for the respective parties. Having gone through the record and proceedings and also considering the arguments canvassed by learned advocates for the rival parties, essentially, the present petition is filed about non-consideration of the application preferred under Section 28A of the Land Acquisition Act. It is an admitted position of fact that on the basis of issuance of Notification, the Government of Gujarat has acquired the property of number of property holders and thenafter, the amount of compensation has been given to the concerned property holders and as the number of persons are aggrieved and dissatisfied with the volume of size of the amount of compensation granted to them, they have filed a detailed application/representation in the form of Reference to the Competent Authority. The said representation and objection raised by the property holders have been referred to the Reference Court, and Page 8 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined thenafter, after considering and appreciating all the documents placed on record by the respective parties, the learned Senior Civil Judge, Dhrangadhra has allowed the said Reference on 26.03.2018. As soon as those particular facts came to the notice of the present applicant, as per the provisions of law, within the time frame schedule, an application under Section 28A has been preferred by the applicant. The copy of the said document is also placed on record.
4.2 The learned advocate appearing on behalf of the applicant has submitted that if the Hon'ble Court would make a cursory glance upon the contents of the said documents as well as the endorsement made upon the application, in that event, the entire controversy involved in the present matter can easily be resolved. It is submitted that at the time of accepting these applications preferred by the applicant, one of the competent officers of the respondent authority had made endorsement to the effect that, copy of the papers have been received on 22.06.2018. If Hon'ble Court would make cursory glance upon the date of judgment and award passed by the learned Senior Civil Judge, Page 9 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined Dhrangadhra and the date of the application preferred by the applicant, in that event, it would have been found th out that on the 78 day from the date of judgment of the award passed by the Court, the application had been preferred, which crystallizes the position of fact that within the time frame schedule, the said application is filed.
4.3 It is also found out from the record that thenafter, subsequently, when the Authority concerned has verified the record and proceedings, it has come to the notice that in fact, there is no delay in preferring the said application and the said application is filed well within the time frame schedule and, therefore, by rectifying the earlier order, a fresh communication is to be made to the applicant. The copy of the said communication is placed on record. It is found out from the record that considering the above-stated totality of the facts of the matter, at the time of entertaining the writ petition preferred by the writ applicant, the Co-ordinate Bench of this Court has given specific directions to the Authority concerned to verify the same and pass a fresh order during the pendency of the proceedings. Despite the said Page 10 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined fact, the authority concerned has rejected the application preferred by the applicant.
4.4 Learned advocate Mr. Jinesh Kapadia appearing for the petitioner has also brought to the notice of this Hon'ble Court that in fact, during the pendency of those proceedings, an application under Section 11 of the Land Acquisition Act had been preferred by the writ applicant specifically stating that, he has also not received amount of compensation awarded by the competent authority and with a sole intent to get the said amount, an application was subsequently preferred. The said application is also disposed of based upon the fact that the application is preferred belatedly.
4.5 The above-stated sequence of events of incident crystallize the position of fact that immediately within the stipulated period of time, an application under Section 28A had been preferred by the applicant. Despite this fact that the said application has not been entertained by the authority concerned, specifically stating that the said application has not been preferred within the time frame schedule, and at the time of Page 11 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined passing of the order, it is found out from the record that at the time of rejecting the said application, certain observations have been made by the respondent authority specifically stating that, the original record is missing and then after intensive search has been carried out and thenafter, they could have found out certain pieces of papers, whereupon no endorsement has been made out and, therefore, they have rejected the said application. 4.6 It is an admitted position of fact that at the time of preferring petition before the Hon'ble Court, the applicant has come with the specific case that he had preferred applications well within time frame schedule and endorsement to that effect is also made by the officer concerned at the time of accepting the application. The said documents available on record crystallize the position of fact that the application has already been preferred well within time frame schedule. Despite the fact that those particular documents, evidences, and materials are available on record, the authority concerned has taken a quite contrary and different stand than the materials available on the record. Even to counter the said claim of the applicant, not a single piece of Page 12 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025 NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined document and/or material as well as reply have been filed by the respondent authority. Therefore, considering the same, the present application filed by the applicant herein is required to be entertained.
4.7 Learned advocate appearing on behalf of the applicant submits that in fact, the said application is filed in the year 2018 and at the present time i.e. in the year 2025, more than seven years have elapsed during the pendency of the present proceeding; therefore, considering the above-stated totality of the facts of the matter, the impugned judgment and order dated 19.08.2021 passed by the authority concerned is required to be quashed and set aside by remanding the said matter to the Authority concerned with the specific direction to conclude the proceedings within the time frame schedule so that the applicant can get his legitimate amount of compensation and the fruits of the proceedings of the acquisitions, as expeditiously as possible.
5. In view of the above, the present application is allowed.
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NEUTRAL CITATION C/SCA/9682/2022 ORDER DATED: 17/11/2025 undefined
6. The authority concerned is directed to decide the said application afresh after giving full opportunity of hearing to both the parties within a period of six months from the date of receipt of copy of the order.
7. However, this Court has made it clear that this Court has not gone into the merits of the matter.
8. The fate of the matter is required to be decided independently without entering into the influence of the observations made by this Court at the time of deciding the present application.
(DIVYESH A. JOSHI,J) DIWAKAR SHUKLA Page 14 of 14 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 21:55:41 IST 2025