Gujarat High Court
Sandhi Hasam Ibrahim vs State Of Gujarat on 28 July, 2025
NEUTRAL CITATION
C/FA/738/2025 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 738 of 2025
With
R/FIRST APPEAL NO. 896 of 2025
With
R/FIRST APPEAL NO. 1004 of 2025
With
R/FIRST APPEAL NO. 1356 of 2025
With
R/FIRST APPEAL NO. 1357 of 2025
With
R/FIRST APPEAL NO. 1701 of 2025
With
R/FIRST APPEAL NO. 2092 of 2025
With
R/FIRST APPEAL NO. 2165 of 2025
With
R/FIRST APPEAL NO. 2093 of 2025
With
R/FIRST APPEAL NO. 2094 of 2025
With
R/FIRST APPEAL NO. 2095 of 2025
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SANDHI HASAM IBRAHIM
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. BHAUMIK DHOLARIYA(7009) for the Appellant(s) No. 1
MR.RAHUL DAVE AGP APPEARED IN F.A.Nos.738, 896 & 1004 OF 2025
MR.SHAUNAK VYAS AGP APPEARED IN F.A.Nos.1356, 1357 & 1701 OF
2025
MS.DHARITRI PANCHOLI AGP APPEARED IN F.A.Nos.2092, 2165, 2093,
2094 & 2095 OF 2025
GOVERNMENT PLEADER for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 28/07/2025
COMMON ORAL ORDER
1. The captioned First Appeals are filed by the
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C/FA/738/2025 ORDER DATED: 28/07/2025
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appellants - original claimants against the judgment
and award dated 14.10.2024 and 30.09.2024 passed by
the learned Additional Senior Civil Judge, Porbandar in
LAR Nos.19, 4, 7, 3, 8, 9, 11, 18, 10, 16 and 14 of
2019 in respective matter, wherein the learned Judge
had dismissed the reference cases.
2. Heard learned advocate Mr.Bhaumik
Dholariya for the appellants - original claimants and
learned AGP for the respondent - State.
3. Brief facts of the present case are as under:-
3.1 The land of the appellant of First Appeal
No.738 of 2025 is situated at Village: Rana Rojivada
Taluka & Dist.: Porbandar and the land of appellant/s
of other captioned First Appeals are situated at Village:
Ishvariya Taluka & Dist.: Porbandar acquired by the
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respondent - authority for a public purpose of Vartu- 2
Irrigation Scheme. The respondent - authority awarded
meager amount of compensation for acquired land.
Therefore, present appellant/s filed an application
under Section 18 of the Land Acquisition Act, 1894 for
enhancement of compensation. After considering the
evidence available on record, learned Additional Senior
Civil Judge dismissed the reference cases as claimant/s
remained absent and did not lead any evidence.
3.2 Being aggrieved and dissatisfied with the
impugned judgment and award, appellants are before
this Court.
4. Learned advocate for the appellant/s
submitted that Reference Case of the appellant/s came
to be dismissed for non-appearance of the appellant/s
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and their respective Advocate by learned Additional
Senior Civil Judge, Porbandar.
4.1 It is further submitted that the land of
appellant/s as stated hereinabove was acquired by the
respondent - authority for a public purpose of Vartu- 2
Irrigation Scheme. The respondent - authority awarded
meager compensation for acquired land. Reference case
of the claimant/s was forwarded by competent
authority to the learned District Court, Jamnagar.
Thereafter, Reference case came to be transferred to
Principal Senior Civil Court, Khambhaliya in the year
2009, and in the year 2018, the learned Principal
Senior Civil Judge, Devbhumi Dwarka at Khambhaliya
returned the land reference case to the appellant/s to
be presented before the competent Court. Thereafter
reference case was filed before the learned Principal
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Senior Civil Judge, Porbandar in the year 2019.
Notices came to be issued to the parties. Issues were
framed in LAR Nos.19, 09, 11, 18, 10, 16 and 14 of
2019 on 05.10.2024 and in LAR Nos.4, 7, 3 and 8 of
2019 on 21.08.2024.
4.2 Learned advocate for the appellant/s
submitted that claimants shall not claim any interest
on the additional compensation, if awarded, that is on
date on when issues came to be framed i.e. 05.10.2024
and 21.08.2024 in respective LAR Cases, till today.
5. Per contra, learned AGP has opposed to the
said request and contended that the claimant/s were
given ample opportunity, despite that claimant/s
remained absent resultantly reference cases came to be
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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. It is further submitted that the claimants-
appellant/s shall not be entitled for any interest.
6. I have considered the submissions canvassed
by learned advocates for the respective parties and in
view of the aforesaid facts and circumstances, it would
be in the interest of justice that the impugned
judgment and award dated 14.10.2024 and 30.09.2024
passed by the learned Additional Senior Civil Judge,
Porbandar in LAR Nos.19, 4, 7, 3, 8, 9, 11, 18, 10, 16
and 14 of 2019 in captioned First Appeals, are hereby
quashed set aside. And all reference cases are
remanded back to the Reference Court for fresh
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adjudication on merits after giving due opportunity of
hearing to both the sides. The learned Reference Court
shall decide the matters on its own merits. The parties
are directed to remain present before the learned
Reference Court. No fresh notice be issued to
claimant/s. Both parties are permitted to lead evidence
in support of their cases. The learned Reference Court
shall decide the reference cases as expeditiously as
possible preferably within a period of three months
from the date of receipt of this order. Both parties
shall give full Corporation to the learned reference
Court in expeditious hearing.
7. Appellant/s - claimant/s shall not be entitled
for any interest from the date of framing of issue in
the respective LAR Cases till the date of passing of this
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order i.e. 28.07.2025.
8. In view of above, captioned First Appeals
stand disposed of accordingly.
9. Record and proceedings, if any, received, be
sent back to the concerned Court/Tribunal.
10. Registry shall place a copy of this order in
each matter.
(D. M. DESAI,J)
MANOJ
