Gujarat High Court
Darbar Bhikhubha Dhirubha vs State Of Gujarat on 9 October, 2025
NEUTRAL CITATION
C/FA/4125/2022 JUDGMENT DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4125 of 2022
With
R/FIRST APPEAL NO. 4126 of 2022
With
R/FIRST APPEAL NO. 4127 of 2022
With
R/FIRST APPEAL NO. 4128 of 2022
With
R/FIRST APPEAL NO. 4129 of 2022
With
R/FIRST APPEAL NO. 4130 of 2022
With
R/FIRST APPEAL NO. 4131 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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DARBAR BHIKHUBHA DHIRUBHA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR RAHUL DAVE, AGP for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 09/10/2025
COMMON ORAL JUDGMENT
1. Present First Appeals are filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to 'the Act') challenging the impugned judgment and award dated 22.02.2018 and 07.03.2018 respectively passed in group of Page 1 of 6 Uploaded by RINKU MALI(HC01574) on Wed Oct 15 2025 Downloaded on : Wed Oct 15 22:07:07 IST 2025 NEUTRAL CITATION C/FA/4125/2022 JUDGMENT DATED: 09/10/2025 undefined Land Acquisition Reference (LAR) Case Nos.471 to 481, 483 to 518 and 520 of 2009 by learned Additional Senior Civil Judge, Dhoraji. The captioned First Appeals are arising out of the Land Acquisition Reference (LAR) Case Nos.488 520, 517, 507 497, 496 and 494 of 2009 respectively.
2. Heard learned Advocate Mr. Tejas P. Satta for the applicants and learned Assistant Government Pleader Mr. Rahul Dave for the respondent-State.
3. Learned advocate Mr. Tejas Satta for the appellant has submitted that claimants have produced the evidence on record with respect to the claim. However, neither written arguments could be produced nor the learned advocate for the parties were heard before passing of the impugned order. It is further contended that one of the claimants of the group of LARs was examined and documentary evidence was produced. However, learned Reference Court while rejection the reference cases, did not appreciate the evidence on record. Page 2 of 6 Uploaded by RINKU MALI(HC01574) on Wed Oct 15 2025 Downloaded on : Wed Oct 15 22:07:07 IST 2025
NEUTRAL CITATION C/FA/4125/2022 JUDGMENT DATED: 09/10/2025 undefined 3.1. It is further submitted that the order has been passed in breach of principle of natural justice as the claimants could not effectively put their case during final hearing before the learned Reference Court. It is further submitted that even otherwise the reasons assigned by the learned Reference Court while appreciating the evidence, shows total non-application of mind. No reason whatsoever has been given for rejecting the case of the claimants. Except above, no other submissions are canvassed by learned advocate for the appellant.
4. Per contra, learned AGP appearing for the respondent State submitted that though opportunity was given to the claimants to cross-examine, claimants remained negligent and did not cross-examine the opponent and therefore, learned Reference Court has appreciated the evidence available on record and rejected the claim application of the claimants. It is further submitted that the impugned order should be upheld and no interference is called for. Except above, no other Page 3 of 6 Uploaded by RINKU MALI(HC01574) on Wed Oct 15 2025 Downloaded on : Wed Oct 15 22:07:07 IST 2025 NEUTRAL CITATION C/FA/4125/2022 JUDGMENT DATED: 09/10/2025 undefined submissions are made by learned AGP.
5. A bare perusal of the impugned order reveals that learned Reference Court has referred to the evidence on record, but there is no adjudication of the said evidence while coming to the conclusion that the claimants have failed to prove their case. There is no proper adjudication done by the learned Reference Court to come to the conclusion and that no convincing reasons are assigned for the same.
6. The Hon'ble Supreme Court in case of State of Gujarat and ors. vs. Rama Rana and ors. [(1997) 2 SCC 693] has held that it is the duty of the learned Reference Court to evaluate the evidence objectively and dispassionately to reach the finding on just and appropriate compensation.
7. Further in view of the statement of the learned advocate for the claimants that no written arguments could be placed on record and no oral arguments were also made in the matter on Page 4 of 6 Uploaded by RINKU MALI(HC01574) on Wed Oct 15 2025 Downloaded on : Wed Oct 15 22:07:07 IST 2025 NEUTRAL CITATION C/FA/4125/2022 JUDGMENT DATED: 09/10/2025 undefined behalf of claimants, in the interest of justice, the impugned judgment and award dated 22.02.2018 and 07.03.2018 respectively passed in Land Acquisition Reference (LAR) Case Nos.488 520, 517, 507 497, 496 and 494 of 2009 respectively by learned Additional Senior Civil Judge, Dhoraji is set aside and the matters are remanded back to the learned Reference Court for fresh adjudication on merits after giving the due opportunity of leading evidence and hearing learned advocates for the respective claimants.
8. Both the parties are at liberty to adduce any additional evidence in support of their cases, however, such an opportunity will be only given once. Thereafter, the learned reference Court will decide the matters on its own merits taking into consideration the documentary and oral evidence on record as well as the additional evidence which may be brought on record by the parties.
9. It is made clear that the appellant/s -claimant/s shall not Page 5 of 6 Uploaded by RINKU MALI(HC01574) on Wed Oct 15 2025 Downloaded on : Wed Oct 15 22:07:07 IST 2025 NEUTRAL CITATION C/FA/4125/2022 JUDGMENT DATED: 09/10/2025 undefined be entitled for any interest for the the period i.e. from the date of impugned judgment till the date of the filing of the captioned First Appeals.
10. The learned Reference Court shall decide the reference case on remand on merits within a period of Six Months from the date of receipt of the present order. The parties are also directed to cooperate with the learned Reference Court in early disposal of the Reference Cases.
11. Accordingly, First Appeals stand disposed of. No order as to costs.
12. 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 Wed Oct 15 2025 Downloaded on : Wed Oct 15 22:07:07 IST 2025