Gujarat High Court
Kishor Parshottambhai Ladani vs State Of Gujarat on 25 July, 2025
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C/FA/3544/2023 JUDGMENT DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3544 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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KISHOR PARSHOTTAMBHAI LADANI
Versus
STATE OF GUJARAT
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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 ADVANCE COPY SERVED for the Defendant(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 25/07/2025
ORAL JUDGMENT
1. The present First Appeal is filed by the
appellant - original claimant against the judgment
dated 07.08.2018 and decree dated 10.08.2018 passed
by the learned Principal Senior Civil Judge, Dhoraji,
Dist.Rajkot in Land Reference Case Nos.43/12 to
52/2012 (main LAR No.43/2012), wherein the learned
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Judge has dismissed the reference case.
2. Heard learned advocate Mr.Tejas Satta for the
appellant and learned AGP Mr.Rahul Dave for the
respondent - State.
3. Brief facts of the present case are as under:-
3.1 The land of the appellant situated at Village:
Chhadvavadar, Taluka: Dhoraji, Dist. Rajkot, was
acquired by the respondent - authority for a public
purpose of Bhadar- 2 Irrigation Scheme. Notification
under Section 4 was published on 14.08.2008. The
respondent - authority awarded compensation at the
rate of Rs.6.20/- per sq. meter for acquired land. The
compensation granted to the present appellant was very
meager. Therefore, present appellant filed an
application under Section 18 of the Land Acquisition
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Act, 1894 for enhancement of compensation. After
considering the evidence available on record, learned
Civil Judge dismissed the reference case as claimant
remained absent and did not lead any evidence.
3.2 Being aggrieved and dissatisfied with the
impugned judgment and decree, appellant is before this
Court.
4. Learned advocate for the appellant submitted
that the appellant is aggrieved by the judgment and
decree passed in LAR Case No.50 of 2012 in group
LAR Nos.43 of 2012 to 52 of 2012. It is further
submitted that the learned Reference Court has
observed in the judgment that the claimant has not
participated in the reference proceedings and in
absence of any evidence, the reference cases came to
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be dismissed.
4.1 Learned advocate for the applicant has placed
on record copy of a common oral order dated
21.02.2023 passed in First Appeal No.4426 of 2022 and
allied matters. The same is taken on record. The
claimants challenged the dismissal of reference case
being dismissed for want of evidence. The Co-ordinate
Bench allowed the appeals and remanded back
reference cases to learned Reference Court for fresh
adjudication. Learned advocate for the appellant
therefore submitted that the present appeal be also
disposed of in the same manner.
4.2 It is further contended that the claimant
shall not claim any interest from the date of dismissal
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of the reference case till the order is passed by this
Court in the present appeal.
4.3 Per contra learned AGP has opposed to the
said request and contended that the claimants were
given ample opportunity, despite that claimants
remained absent resultantly reference case came to be
dismissed. It appears from the impugned judgment that
the claimants did not lead any evidence, and the
reference case came to be dismissed for want of
evidence. In the First Appeal No.4426 of 2022 and
allied matters, the Co-ordinate Bench vide common
oral order dated 21.02.2023, remanded back the
reference case to the learned Reference Court for its
fresh adjudication. The Co-ordinate Bench also referred
the order dated 21.10.2022 passed in First Appeal No.
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4313 of 2022, wherein reference case was remanded
back for fresh adjudication and further directed that
the claimants-appellants shall not be entitled for any
interest for the period between the date of judgment
till the order passed by this court.
5. In view of the aforesaid facts and
circumstances, it would be in the interest of justice
that the impugned judgment dated 07.08.2018 and
decree dated 10.08.2018 passed by learned principal
Senior Civil Judge, Dhoraji, Dist.Rajkot in Land
Reference Case No.50 of 2012, is hereby quashed set
aside. And the matter is remanded back to the
Reference Court for fresh adjudication on merits after
giving due opportunity of hearing to the appellants.
Both parties are permitted to lead evidence in support
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of their cases. Such opportunity will be given only
once. The learned Reference Court shall decide the
matter on its merits. The parties are directed to remain
present before the learned Reference Court. No fresh
notice be issued to claimants. The learned Reference
Court shall decide the reference case expeditiously
within a period of three months from the date of
receipt of this order. The party shall give full
Corporation to the learned reference court in
expeditious hearing.
6. Appellant/s-claimant/s shall not be entitled
for any interest for intervening period i.e. from the
date of impugned judgment till the order passed by
this Court
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7. In view of the above, present First Appeal
stands disposed of accordingly.
8. Record and proceedings, if any, received, be
sent back to the concerned Court/Tribunal.
(D. M. DESAI,J)
MANOJ
