Gujarat High Court
Union Of India vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
C/FA/95/2024 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 95 of 2024
With
R/FIRST APPEAL NO. 1600 of 2024
With
R/FIRST APPEAL NO. 1601 of 2024
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UNION OF INDIA & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SHUSHIL R SHUKLA(5603) for the Appellant(s) No. 1,2
MR RAHUL DAVE, MS DHARITRI PANCHOLI & MS DEVANSHI PATEL,
AGPs in FA Nos.95, 1600 and 1601 of 2024 respectively for the Defendant(s)
No. 1
NOTICE UNSERVED for the Defendant(s) No. 2.2,2.3,2.4,2.5
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 08/09/2025
COMMON ORAL ORDER
1. Heard learned advocate Mr. Shushil R. Shukla for the appellants and learned AGPs Mr. Rahul Dave, Ms. Dharitri Pancholi and Ms. Devanshi Patel for the respondent-State in the respective appeals. Perused the record.
2. By way of present First Appeals filed under Section 54 of the Land Acquisition Act, 1894, the appellants herein - original claimants have challenged the common judgment and award dated 9.11.2022 passed by the learned 4 th Additional Senior Civil Judge, Rajkot in Land Acquisition Reference Case Nos.1055 of 1998 to 1057 of 1998 (Old LAR Case Nos.67 to 69 of 1986).
3. When these appeals were taken up for hearing, learned advocates for the parties have submitted jointly that the land reference Court has committed serious errors by recording false Page 1 of 4 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue Sep 09 2025 Downloaded on : Tue Sep 09 23:33:44 IST 2025 NEUTRAL CITATION C/FA/95/2024 ORDER DATED: 08/09/2025 undefined observations. It is pointed by learned advocates for the parties that the learned Reference Court has observed that though oral deposition of claimant has recorded at Ex.33, the original opponent did not examine the claimant. However, the observations of learned Reference Court is false as the oral deposition is recorded at Exh.33 was incomplete an no opportunity was given to the present appellant to cross examine the claimant. The said contention has been candidly accepted by learned advocate for the respondent - claimant. Learned advocate for the respondent - claimant has also submitted that no opportunity to cross examine the claimant was granted by learned Reference Court and straightaway the reference proceedings were decided. It is further contended that some of the claimants have expired during the pendency of reference proceedings, an application to bring the heirs of the deceased claimant though submitted, learned Reference Court did not decide that application and proceeded with the reference proceedings in absence of legal heirs of deceased claimant.
4. On the aforesaid submissions, learned advocate for the appellant and learned advocate for the respondent - claimant have jointly requested this Court to quash and set aside the impugned judgment and award and further requested to remand the Reference proceedings for its fresh adjudication after giving full opportunity to both the sides.
5. On perusal of the record and proceedings as well as the impugned judgment and award, it appears that the oral Page 2 of 4 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue Sep 09 2025 Downloaded on : Tue Sep 09 23:33:44 IST 2025 NEUTRAL CITATION C/FA/95/2024 ORDER DATED: 08/09/2025 undefined deposition of the claimant - Babubhai Bhikhabhai Karadiya is recorded at Exh.33 in LAQ No.67 of 1986 (New LAQ No.1055 of 1998). On perusal of the deposition recorded at Exh.33, the deposition has remained incomplete upon request of learned advocate Mr. Vyas. Thereafter, no further deposition has been recorded. Learned AGP also moved an application for closure of the evidence of claimant as the claimant did not remain present for cross examination. By order dated 15.2.2018, the right of evidence of the claimant was closed by the learned Reference Court in reference case No.1055 of 1998 (The Reference No.1055 of 2018 has been referred in order below Exh.68 page No.327 of the R & P). Thus, it appears that the learned reference Court has not even cared to see whether the correct number of reference proceedings has been mentioned in the proceedings or not. In the said reference proceedings, the claimant moved and application Exh.70 requesting to reopen the stage to record evidence. Such application was dismissed by learned Reference Court on 16.11.2018. 2 nd attempt was made by the claimant to request to reopen the stage to lead evidence. In the 2nd attempt also, his request was rejected. Despite this fact, the applicant Babubhai Bhanabhai submitted examination in chief on 22.3.2019, however, the learned Reference Court did not permit the applicant - claimant to submit affidavit in lieu of examination in chief as the stage to lead evidence was closed.
6. Despite the aforesaid factual position, the learned Reference Court observed that the cross examination was not taken by the opposite side. When there was no evidence on record that Page 3 of 4 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue Sep 09 2025 Downloaded on : Tue Sep 09 23:33:44 IST 2025 NEUTRAL CITATION C/FA/95/2024 ORDER DATED: 08/09/2025 undefined the claimant has remained absent in cross examination and the stage of evidence was closed by the Court below, the finding that cross examination was not taken by opposite side is against the evidence on record. By deciding the Reference Cases without giving an opportunity to the opponent to lead evidence, in my view, the judgment and award dated 9.11.2022 passed by the learned 4th Additional Senior Civil Judge, Rajkot in Land Acquisition Reference Case Nos.1055 of 1998 to 1057 of 1998 (Old LAR Case Nos.67 to 69 of 1986) is quashed and set aside and more particularly, when learned advocates for the parties upon instructions have consented in remanding the matters for its fresh adjudication.
7. Learned Reference Court shall decide the Reference Proceedings after considering the evidence on record. It is needless to observe that contentions of both the sides are left open for its determination. The entire exercise of disposal of the reference case to be completed within a period of 3 (three) months from the date of receipt of copy of this order. The parties shall give full cooperation to the learned Reference Court without asking for unnecessary adjournments. Learned advocates for the parties shall intimate their respective clients regarding remand of the reference cases.
8. The appeals stand disposed of in above terms. R & P, if any, to be sent back to the concerned Court immediately.
(D. M. DESAI,J) vk Page 4 of 4 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue Sep 09 2025 Downloaded on : Tue Sep 09 23:33:44 IST 2025