Gujarat High Court
Fatma Mohmad Ismail D/O Mohmad Ismail ... vs State Of Gujarat on 26 September, 2025
NEUTRAL CITATION
C/SCA/441/2025 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 441 of 2025
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FATMA MOHMAD ISMAIL D/O MOHMAD ISMAIL SINCE DECD THROUGH
HEIRS & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KM SHETH(838) for the Petitioner(s) No.
1,1.1,1.1.1,1.1.2,1.2,1.2.1,1.2.2,1.2.3,1.2.4,1.2.5,1.2.6,1.2.7,1.3,1.3.1,1.3.2,1.
4,1.4.1,1.4.2
MR JAY BAROT AGP for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
VIKAS V NAIR(7444) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 26/09/2025
ORAL ORDER
1. RULE. Rule returnable forthwith. Mr. Jay Barot, learned AGP waives service of rule for the respondent Nos.1 and 2 and Mr. Vikas V. Nair, learned advocate waives service of rule for the respondent No.3.
2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.
3. The present Special Civil Application seeks a direction to quash and set aside the impugned order dated 28.06.2022 whereby the application of the petitioner under section 28(A) of the Land Acquisition Act, 1894 ["the Act" for short] has been rejected.
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4. It is the case of the petitioner that the lands of the petitioner came to be acquired for the purpose of Industrial Colony for G.I.D.C. Notification under Section 4 of the Act came to be published on 25.03.1982. Declaration under Section 6 of the Act came to be published on 01.03.1985. The award under Section 11 of the Act came to be declared on 13.11.1987 awarding compensation at the rate of Rs.2.20 per sq. mt. in L.A.Q. Case No.38/2. That thereafter some of the claimants under the same Notification and same award, approached the Reference Court by filing Land Reference Applications under Section 18 of the Act claiming enhanced compensation at the rate of Rs. 25/- per sq. mt. By judgment and order dated 9.11.2011, the Reference Court, Bharuch in L.A.R. Nos.195 of 1997 to 204 of 1997 determined the market value of the land at the rate of Rs. 8.47 per sq. mt. as additional amount of compensation with consequential benefits. Accordingly, the petitioner herein who had not preferred any reference application before the Reference Court under Section 18 of the Act made an application under Section 28(A) of the Act on 31.01.2012. That after hearing the learned advocate for the petitioner, the respondent No. 2 - Dy. Collector and Special Land Acquisition Officer, G.I.D.C. Office, Bharuch was pleased to allow the application of the petitioner by declaring award under section 28(A) of the Act on 15/16.12.2014. That further the award was sent to the State Government for approval. The petitioner No. 1 expired on 17.09.2021. As some corrections were required in the award under Section 28(A) of the Act, a fresh award came to be declared in May-2021 and the same was again sent for approval to the State Government on 04.09.2021. The respondent No.2 Page 2 of 5 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:36:29 IST 2025 NEUTRAL CITATION C/SCA/441/2025 ORDER DATED: 26/09/2025 undefined addressed the letter to the petitioner No.1 on 05.10.2021 calling upon them to submit relevant documents in respect to the acquired land within 8 days. It was further stated that if there is delay in submitting the said documents, then the interest for the delayed period will not be considered. It is submitted that since the petitioner No.1 had expired and the heirs of the petitioner No.1 were residing abroad and at different places, therefore, they were not aware about the said letter. However, the said letter was also communicated to the advocate for the petitioner No.1 and therefore, necessary instructions were issued to the learned advocate, who accordingly requested the respondent No.2 for time to submit the relevant documents. That due to restrictions in travel during the COVID-19 Pandemic, the heirs of the petitioner No.1 could not visit India and prepare the Pedigree and produce the relevant documents, including the details of the heirs of the petitioner No.1. So, further time was requested to submit the relevant documents. By impugned order dated 28.06.2022, the respondent No.2 has rejected the Section 28(A) application holding that since relevant documents have not been produced despite the notices, the application under Section 28(A) of the Act is rejected.
5. The learned counsel for the petitioner submitted that in the present case, the award has been declared and also submitted to the State Government for approval. The only issue was with respect to bringing on record the legal heirs of the deceased petitioner No.1. For the said reason, since the legal heirs were residing abroad and at different places, the production of the relevant documents could not be done within the stipulated time Page 3 of 5 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:36:29 IST 2025 NEUTRAL CITATION C/SCA/441/2025 ORDER DATED: 26/09/2025 undefined granted by the respondent No.2. He submits that the petitioners are duly entitled to the benefit of under Section 28(A) of the Act and they have also been awarded the enhanced amount. The learned counsel for the petitioner therefore submits that the respondent No.2 has erred in passing the impugned order and the same be set aside and the matter be remanded back to the respondent No.2 for further necessary action in respect of payment of the additional amount of compensation as awarded under Section 28(A) of the Act.
6. Learned AGP as well as Mr. Vikas V.Nair, learned advocate appearing on behalf of respondent No.3 GIDC, the acquiring body, do not dispute the fact that award under Section 28(A) of the Act was passed by the Respondent No.2 and the same was also approved by the State Government.
7. In the considered opinion of this Court, once the respondent No.2 had issued notice calling upon the petitioners to place on record the documents in respect of the legal heirs of the deceased petitioner No.1 and further with a caveat that for delay in submitting such documents would disentitle them for interest for the period of delay in submitting such documents, it was not proper for the respondent No.2 to dismiss the application of the petitioner under Section 28(A) of the Act, more so, when the award has already been passed in favour of the deceased petitioner No.1. The respondent No.2 fell in error in passing the impugned order dated 28.06.2022. The impugned order is, thus, quashed and set aside.
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8. The petitioners herein who are the legal heirs of the deceased petitioner No.1 - claimant are directed to submit the requisite documents to the respondent No.2 - Dy. Collector & Special Land Acquisition Officer, Bharuch on or before 31.10.2025. Upon submission of such documents, the respondent No.2 shall process the same as expeditiously as possible and preferably within a period of four months from the date of receipt of such documents.
With the aforesaid directions, the present Special Civil Application stands disposed of. Rule is made absolute to aforesaid extent. No order as to costs.
(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 5 of 5 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:36:29 IST 2025