Gujarat High Court
Dudhiben D/O Nathabhai Movaliya W/O ... vs Deputy Collector And Prant Officer, ... on 14 November, 2025
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C/FA/4119/2025 JUDGMENT DATED: 14/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4119 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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DUDHIBEN D/O NATHABHAI MOVALIYA W/O GOPALBHAI CHIKHALIYA &
ORS.
Versus
DEPUTY COLLECTOR AND PRANT OFFICER, SPECIAL LAND
ACQUISITION OFFICER & ANR.
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1,2,3,4,5,6,7
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1,2,3,4,5,6,7
MR.RAHUL DAVE, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 14/11/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned AGP Mr. Rahul Dave
waives service of notice of rule on behalf of the
defendnat No.1.
2. This appeal has been filed by the appellant-original
claimant under Section 54 of the Land Acquisition Act,
1894 challenging the judgment and award dated
30.06.2018 passed by the learned 2nd Additional Senior
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Civil Judge, Jamnagar in Land Acquisition Reference
Case No. 42 of 2011, which was consolidated with Land
Acquisition Reference Case Nos. 43, 44, and 45 of 2011.
By the impugned judgment, the learned Reference Court
dismissed the references on the ground of non-
appearance of the claimants and further on the ground
that, upon the death of applicant Nos. 1 and 3, their
legal heirs were not brought on record and the
remaining applicants failed to remain present for
adducing oral or documentary evidence.
3. It is the case of the present appellant that the land
belonging to the claimant, situated at Village
Chandragadh, Taluka & District Jamnagar, was acquired
for the purpose of construction of the Padana Patiya to
Changa Patiya approach road scheme. A notification
under Section 4 of the Land Acquisition Act was issued
on 24.04.2008, and thereafter, an award under Section
11 of the Act was passed by the Special Land Acquisition
Officer, granting compensation at the rate of Rs. 8/- per
sq. meter. Being dissatisfied with the awarded
compensation and claiming compensation at the rate of
Rs. 500/- per sq. meter., the claimant filed reference
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cases before the learned Reference Court. However, the
said reference cases came to be rejected on the grounds
mentioned hereinabove. The present appeal is filed
challenging the said decision.
4. Heard learned advocate Mr.Tejas Satta for the appellant
and learned AGP Mr.Rahul Dave for defendant-State.
5. Learned advocate Mr.Satta submits that the proceedings
were being pursued by applicant Nos. 1 and 3. Upon
their demise, their legal heirs were not aware of the
pendency of the proceedings, and the remaining
applicants were also unaware of the ongoing legal
process. Learned advocate Mr.Satta therefore submits
that, in these circumstances, a fair opportunity ought to
be granted to the appellant to adduce evidence, and the
references deserve to be adjudicated on merits. Learned
advocate Mr.Satta further submits that, insofar as the
issue of the proceedings having remained unattended is
concerned, the appellants shall not claim interest for the
corresponding period. It is therefore submitted that if
the references are decided on merits, the ends of justice
would be met.
6. Per contra, learned AGP Mr.Rahul Dave submits that
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despite being afforded sufficient opportunities, all the
applicants remained absent, and therefore no error can
be attributed to the learned Reference Court in
dismissing the cases. It is thus submitted that no
interference is warranted and the present appeal
deserves to be dismissed.
7. Having considered the submissions advanced by the
learned advocates for the respective parties and upon
examining the reasons assigned by the learned
Reference Court, it emerges that the learned Court has
recorded in its order that applicant No. 1, Ms. Megha
Kala, and applicant No. 3, Khima Lava, expired during
the pendency of the proceedings. It is further recorded
that, though notices were duly issued and served upon
the applicants, they chose to remain absent. This Court
has also taken into consideration the decision rendered
by the Coordinate Bench of this Court in First Appeal
No. 687 of 2024 dated 26.02.2024, wherein, in an
identical factual scenario, the Court allowed the first
appeal by observing that the appellant shall not claim
interest from the date on which the claim remained
unattended until the filing of the first appeal.
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7.1. In the opinion of this Court, a fair opportunity is
required to be granted to the appellant, subject to the
same conditions as imposed by the Coordinate Bench in
the above-referred order. It is also pertinent to note
that, for the very same project and in an identical factual
situation, a similar order has been passed in First Appeal
No. 3078 of 2025. For this reason as well, the impugned
award deserves to be set aside and the reference is
required to be restored to its original file.
8. It is needless to clarify that the appellants shall not claim
any interest from the date of framing of the issues, till
the date of filing of the present appeal.
9. Accordingly, the first appeal is allowed. The matters are
remanded to the concerned Court by setting aside the
judgment and decree dated 30.06.2018, with a direction
to decide the cases on their merits after providing a fair
opportunity to all concerned parties.
10. As the proceedings have been pending since 2008, it
would be appropriate to direct the learned Reference
Court to decide the land reference cases as
expeditiously as possible. Parties shall cooperate with
the reference proceedings.
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11. Rule is made absolute.
(M. K. THAKKER,J)
NIVYA A. NAIR
