Additional Genral Manager, Bharuch ... vs The Special Land Acquisition Officer
2025 Latest Caselaw 2415 Guj

Gujarat High Court

Additional Genral Manager, Bharuch ... vs The Special Land Acquisition Officer on 8 August, 2025

                                                                                                                     NEUTRAL CITATION




                             C/CA/3697/2025                                         ORDER DATED: 08/08/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 3697 of 2025

                                              In F/FIRST APPEAL NO. 9412 of 2025

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                             ADDITIONAL GENRAL MANAGER, BHARUCH DAHEJ RAILWAY
                                              CORPORATION LTD.
                                                    Versus
                                 THE SPECIAL LAND ACQUISITION OFFICER & ORS.
                      ==========================================================
                      Appearance:
                      MR RAMNANDAN SINGH(1126) for the Applicant(s) No. 1
                      ANURAG V AGRAWAL(9295) for the Respondent(s) No. 4
                      MS DEVANSHI PATEL, AGP for the Respondent(s) No. 1
                      NOTICE NOT RECD BACK for the Respondent(s) No. 2
                      NOTICE SERVED for the Respondent(s) No. 3
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                           Date : 08/08/2025

                                                             ORAL ORDER

1. Heard learned advocate Mr.Ramnandan Singh for the Applicant, and learned advocate Mr.Anurag Agrawal for Respondent No.4, and learned Assistant Government Pleader Ms.Devanshi Patel for the Respondent No.1.

2. It is contended by learned advocate for the applicant that the applicant is aggrieved by the judgment and decree passed in Reference Proceedings. The acquiring body is Respondent No.3 wherein, in execution proceedings the present applicant has been arraigned as respondent and are proposed to be made liable for the payment of compensation. It is submitted that the present applicant was not made a party before the learned

NEUTRAL CITATION

C/CA/3697/2025 ORDER DATED: 08/08/2025

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Reference Court and more particularly the applicant has been joined in the execution petition for the payment of compensation. The applicants are aggrieved and affected party.

3. Per contra learned advocate for respondent no.4 contended that the acquiring body is respondent no.3 who has contested the reference proceedings and the present applicant is merely a body who is required to make payment of compensation and therefore, cannot be said to be an aggrieved party.

4. Considering the aforesaid submissions and the averments made in the application it is an undisputed fact that the present applicant was not made a party before the reference proceedings and since the applicants are made liable to make compensation, they were required to be heard by the learned Reference Court. In view of the above the present application is allowed as prayed for.

(D. M. DESAI,J) KKN