Gujarat High Court
Vejiben Parshottambhai vs Deputy Collector And Special Land ... on 9 October, 2025
NEUTRAL CITATION
C/FA/1166/2022 JUDGMENT DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1166 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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VEJIBEN PARSHOTTAMBHAI
Versus
DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER AND
REHABILITATION(IRRIGATION) & ANR.
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Appearance:
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR BHAVESH DESAI, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 09/10/2025
ORAL JUDGMENT
1. The present First Appeal is filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to 'the Act') challenging the impugned judgment and decree dated 29.05.2018 passed in the Land Acquisition Reference (LAR) Case Nos.01to 15 of 2011 by learned 2nd Additional Senior Civil Judge, Jamnagar. The captioned First Appeal is arising out of Land Reference Case No.06 of 2011.
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NEUTRAL CITATION C/FA/1166/2022 JUDGMENT DATED: 09/10/2025 undefined
2. Heard learned Advocate Mr. Tejas P. Satta for the applicants and learned Assistant Government Pleader Mr. Bhavesh Desai for the respondent No.1.
4. Learned advocate for the appellants has contended that applicants are aggrieved by the impugned judgment and decree dated 29.05.2018 passed in the Land Acquisition Reference (LAR) Case Nos.01to 15 of 2011 by learned 2 nd Additional Senior Civil Judge, Jamnagar. The captioned First Appeal is arising out of Land Reference Case No.06 of 2011. It is further contended that reference case came to be dismissed for default as the applicants did not remain present. It is further contended that the land of the appellants was acquired for the purpose of Rajkot Jamnagar Vadinar Four Track Road. Notification under Section 4 of the Act came to be issued on 03.04.2008. The Land Acquisition Officer awarded compensation at Rs.6/- per square meteres. Since the award was meagre, appellants-land loosers filed reference under Section 18 of the Act for enhancement of Page 2 of 6 Uploaded by RINKU MALI(HC01574) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 23:43:36 IST 2025 NEUTRAL CITATION C/FA/1166/2022 JUDGMENT DATED: 09/10/2025 undefined compensation. However, the claimants could not remain present and adduce evidence. Learned Reference Court, in absence of evidence, dismissed the application. Against which, the First Appeal is filed. It is further contended that appellants being illiterate poor villagers, did not adduce any evidence for enhancement of compensation, the purpose of the Act would be frustrated if an opporutnity is not given to the appellants. Appellants have lost their lands and livelihood in the process of acquisition. The other claimants of the same group whose reference cases were dismissed, were given an opportunity to adduce evidence by remanding back respective reference cases to learned Reference Court for its fresh adjudication. It is further contended that the appellants shall not claim any interest from the date of framing issues till filing of the First Appeal on enhanced compensation, if any, awarded. Except above, no submissions are canvassed by learned advocate for the appellants.
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5. Per contra, learned Assistant Government Pleader for the respondent-State has objected in remanding back the reference cases and contended that the appellants were fence sitters as after the First Appeals of other claimants were remanded back, the appellants, have preferred First Appeal. As no ground is made out for remand, the appeal may be dismissed. Except above, no submissions are canvassed by learned advocate for the respondent.
6. Having considered the submissions of learned advocates for the parties and more particularly, the fact which has been taken into consideration by this Court that other claimants of the same group were given an opporutnity by Co-ordinate Bench of this Court by remanding back the reference cases to the learned Reference Court, the same view is required to be adopted. In the present case, it appears that the appellants remained absent after framing of issues. Resultantly, the reference came to be dismissed for want of evidence. The purpose of the Land Page 4 of 6 Uploaded by RINKU MALI(HC01574) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 23:43:36 IST 2025 NEUTRAL CITATION C/FA/1166/2022 JUDGMENT DATED: 09/10/2025 undefined Acquisition Act is a benevolent legislation. Land loosers who have lost their lands and livelihood in the process of acqusition, are required to be compensated by adequate compensation. The Land Acquisition Officer, in the process of determining the market value, has awarded Rs.6/- per square metres as compensation. The appellants who claimed to be aggrieved by the award of the compensation awarded by Land Acquisition Officer is required to be given a chance to prove their case. Considering the aforesaid factual aspect, a chance is given to appellants to substantiate their claim of more compensation in the reference proceedings. However, to meet the equity, the appellants shall not be entitled to interest on any enhanced compensation, if awarded, in favour of the appellants from the date of framing of issues till the filing of the captioned First Appeal.
7. Accordingly, the present First Appeal is allowed. The matter is remanded back to the concerned Reference Court by quashing and setting aside the impugned judgment and decree Page 5 of 6 Uploaded by RINKU MALI(HC01574) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 23:43:36 IST 2025 NEUTRAL CITATION C/FA/1166/2022 JUDGMENT DATED: 09/10/2025 undefined dated 29.05.2018 passed in the Land Acquisition Reference (LAR) Case No.06 of 2011 by learned 2nd Additional Senior Civil Judge, Jamnagar.
8. In the present case, the Notification under Section 4 is of the year 2008, considering year of notification, learrned reference Court shall decide the reference proceedings within a period of six months from the date of receipt of this order. Learned Reference Court shall not issue fresh notice to either parties. Both the parties shall remain present before the learned Reference Court and give full co-operation to the learned Reference Court in deciding the reference proceedings (D. M. DESAI,J) RINKU MALI Page 6 of 6 Uploaded by RINKU MALI(HC01574) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 23:43:36 IST 2025