Gujarat High Court
Heirs Of Decd. Hati Ala Loma vs State Of Gujarat on 14 July, 2025
NEUTRAL CITATION
C/FA/4680/2023 JUDGMENT DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4680 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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HEIRS OF DECD. HATI ALA LOMA & ORS.
Versus
STATE OF GUJARAT
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Appellant(s) No. 1.1
MR YOGESHKUMAR A RATANPARA(7260) for the Appellant(s) No. 1,1.2
MS DEVANSHI K PATEL, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 14/07/2025
ORAL JUDGMENT
1. The present First Appeal is filed under Section 96 of the
Code of Civil Procedure, 1908 read with Section 54 of the Land
Acquisition Act, 1894 challenging the judgment and award
dated 29.11.2022 passed by learned Principal Senior Civil
Judge, Keshod in Land Reference Case No.150 of 2016.
2. Heard learned Mr. Yogeshkumar A. Ratanpara for the
appellants-original applicants and learned Assistant Government
Pleader Ms. Devanshi K. Patel for respondent-State.
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3. Learned advocate for the appellants has submitted that
appellants have challenged the judgment and award dated
29.11.2022 passed by learned Principal Senior Civil Judge,
Keshod in Land Reference Case No.150 of 2016. The Reference
Case of the appellant came to be disposed of as rejected without
going into the merits.
4. Learned advocate for the appellant has submitted that
original claimant-Hati Ala Loma challenged the compensation
awarded by the Land Acquisition Officer dated 11.12.1989. It is
contended that the land of village Kerala, Taluka Malia-Hatina ,
District Junagarh was acquired by the original opponent for the
purpose of "Malia-Ladudi-Babra-Vandarvad Road Scheme". It
is further submitted that Section 4 notification was published on
29.06.1988 and Section 6 notification was published on
26.11.1998. The compensation awarded by Land Acquisition
Officer was on a lower side and therefore, the same was
challenged by way of a reference case.. It is further submitted
that pending land reference case, the sole claimant expired on
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20.09.2020. Since appellants herein, heirs of deceased-claimant,
were not aware about the proceedings, could not be impleaded
themselves as heirs of deceased-claimant. Resultantly, no
evidence was adduced by claimants and therefore, on
29.11.2022, learned Reference Court rejected the Reference
Case. It is further submitted that since Reference Case was
decided without any opportunity of being heard given to the
appellants, impugned judgment and award be quashed and set
aside and learned Reference Court be directed to decide the land
reference cases afresh after giving an opportunity to lead
evidence. Except above, no other submissions are made by
learned advocate for appellant.
5. Learned Assistant Government Pleader, on the other hand,
contended that despite notices being issued to the claimants,
claimants did not remain present and though sole claimant has
expired on 20.09.2020, the heirs of deceased-claimant remained
negligent and allowed the case to proceed ex parte. It is
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contended that no case is made out for remand of the Reference
Case.
6. I have considered the submissions of learned advocates for
the parties and also perused the impugned judgment and award.
It appears that land of village Kerala, Taluka Malia-Hatina,
District Junagarh was acquired by the original opponent for the
purpose of "Malia-Ladudi-Babra-Vandarvad Road Scheme".
The original claimant prayed to enhance the valuation of non-
irrigated land to Rs.10,000/- per Bigha and for irrigated land to
Rs.15,000/- per Bigha. It appears that being aggrieved and
dissatisfied with the award of compensation granted by Land
Acquisition Officer, original claimant filed Reference Case
No.150 of 2016. On 20.09.2020, claimant has expired and
thereafter, the heirs of deceased-claimant did not pursue the
reference case and the reference case came to be dismissed for
non-prosecution. The proceedings under the Land Acquisition
Act are benevolent legislation and lands of the poor
agriculturists has been acquired for a public purpose. If
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claimants are not heard on merits and no opportunity is given to
claimants to substantiate their claim, claimants who have lost
their land and livelihood, would be adversely affected.
Undisputedly, in the present case, the Reference Case has not
been decided on merits and the same came to be dismissed on
29.11.2022, thereafter, the present First Appeal came to be filed
on 27.06.2023. As per the submission canvassed by learned
advocate for the appellants, appellants would let go and waive
the interest for the period between 29.11.2022 and 27.06.2023.
Considering the aforesaid submissions and more particularly,
the fact that the reference case has been dismissed without
entering into the merits of the case and therefore, the judgment
and award dated 29.11.2022 passed by learned Principal Senior
Civil Judge, Keshod in Land Reference Case No.150 of 2016 is
quashed and set aside with a direction that reference case be
decided on merits within a period of three months from the date
of receipt of the copy of this order. Resultantly, the present
matter is remanded back to the concerned reference Court for
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fresh adjudication on merits in accordance with law without
being influenced by the observations made hereinabove and
shall decide the matters as expeditiously as possible preferably
within a period of three months from the date of the receipt of
writ of this order.
7. It is made clear that parties shall not ask for any
unnecessary adjournments and give full co-operation to the
learned Reference Court in getting the reference case decided
within a period of three months. It is further clarified that no
further fresh notice shall be issued to the claimants as learned
advocate for appellants undertakes to inform appellants with
regard to the order being passed by this Court.
8. With the aforesaid observations and directions, present
First Appeal stands disposed of. There shall be no order as to
costs.
9. Record and proceedings, if any, be sent back to the
concerned Court / Tribunal.
(D. M. DESAI,J)
RINKU MALI
