Gujarat High Court
Dalwadi Laljibhai Ramjibhai vs State Of Gujarat on 17 November, 2025
NEUTRAL CITATION
C/SCA/9682/2022 ORDER DATED: 17/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9682 of 2022
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DALWADI LALJIBHAI RAMJIBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR JINESH H KAPADIA(5601) for the Petitioner(s) No. 1
MR. JAY TRIVEDI, AGP for the Respondent(s) No. 1 - STATE
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 17/11/2025
ORAL ORDER
1. By way of filing the present petition under Article
226 of the Constitution of India, the present petitioner
prayed for the following reliefs:
"(A) That this Hon'ble Court will be pleased to quash and
set aside the impugnedorder dated: 19/8/2021, having No.
JSP/Case No.25/2008/7/2021/1561(2020) passed by the
respondent no.2, produced at annexure "F" to the petition
and direct the respondent no.2 to considered and passed
award pursuant to the application u/s 28A of the
petitioners expeditiously as possible.
"8(AA): That this Hon'ble Court will be pleased to
quash and set aside the impugned order dated:
17/2/2023, having No. JSP/Case No.25/2008/2-
2023/1561(2020) passed by the respondent no.2,
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produced at annexure "R-3" at page 89 and direct
the respondent no.2 to considered and passed award
pursuant to the application u/s 28A of the petitioners
expeditiously as possible."
(B) Pending admission, hearing and final disposal of this
petition, be pleased to direct therespondent no.2 to Ja
complete the process of application of the petitioner.
(C) Any other relief which this Hon'ble Court deem fit, just
and expedient be granted in the interest of justice."
2.1 Learned advocate Mr. Jinesh Kapadia appearing for
the petitioner submits that in fact, to consider the issue
involved the said matter, firstly, he would like to bring
the notice of this Hon'ble Court certain sequences of the
events of incident occurred in the said matter so far. He
submits that it is an admitted position of fact that
applicant's land has been acquired by the Acquiring
Body, and he has filed an application for the purpose of
getting amount of compensation and the said application
has been entertained by the Authority concerned, and
amount of compensation has already been awarded
without delay. Thenafter, other identically situated
persons had filed application for enhancement of
compensation by raising many fold grounds to the
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Authority, and considering the averments made in the
memo of applications, the said papers were forwarded to
the Reference Court. The Reference Court has made
reference to the Civil Court and thenafter, the learned
Senior Civil Judge, Dhrangadhra has allowed the said
References of the so-called aggrieved parties by delivering
judgment and award dated 26.03.2018. As soon as those
particular facts have come to the notice of the applicant,
therefore, immediately within a period of limitation i.e.,
90 days, the applicant herein has filed an application
under Section 28A of the Land Acquisition Act on
22.06.2018 before Acquiring Body to enhance his
compensation based upon the outcome of the procedure of
identically situated persons and notifications. As the
issue involved in the matter is based upon the same set
of documents and materials and as per the statutory
provision of law, legally the applicant is entitled to get
additional enhanced amount of compensation despite the
fact reference had not been filed by him at earlier point
of time.
2.2 The dependents of those proceedings, as the
applicant has not received any amount under the
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provisions of Section 11 of the Land Acquisition Act, he
preferred a separate application by narrating those
particular facts, which is also entertained to get amount
of compensation under the said provisions, which is
already awarded by the Acquisition Body. The said
application has been preferred by the applicant on
20.05.2020. Thenafter on 26.05.2020, notice was issued to
the applicant by the Acquiring Body, specifically stating
that he has to produce document in support of his claim,
which was subsequently supplied by the applicant herein.
On 19.08.2021, under the wrong premise, the said
application filed by the applicant has been disposed of by
the respondent - Authority specifically observing that the
documents, relied by the applicant, i.e., the land
reference case, was delivered by the learned Senior Civil
Judge, Dhrangadhra on 26.03.2018, and thenafter, the
application has been preferred under Section 28A of the
Land Acquisition Act on 28.05.2020. The record indicates
that there is gross delay of two years and one month in
preferring the said application. Therefore, the said
application is not required to be entertained. A copy of
the said order is received by the applicant and thenafter,
within a period of no time, on 22.09.2021, another
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correspondence was made from the office of the
respondent, specifically stating that once the say of
applicant was verified by the record and found that the
th
application is preferred on the 78 day from the date of
delivery of the order, which is prima facie found well
within the time frame schedule. Thenafter, the applicant
herein has filed the application before this Hon'ble Court.
Considering the above-stated eventuality of the facts of
the matter, the Co-ordinate Bench of this Hon'ble Court
has given specific directions to the Authority concerned
to verify the same and pass necessary order. Based upon
this, the Competent Authority concerned has once again
verified the record and on 17.02.2023 jumped to the
conclusion that the application preferred by the applicant
under the provisions of Section 28A of the Land
Acquisition Act is not found well within the time frame
schedule and hence, the said application is required to
be dismissed. The copy of the said order is filed by way
of amendment application, and based upon the same, the
prayer clause of the present petition is also amended.
2.3 Learned advocate Mr. Jinesh Kapadia appearing for
the petitioner submits that if the Hon'ble Court would
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make cursory glance at the observations and the findings
made by the Authority concerned, as well as contents of
the observations made by the Authority, in that event, it
would have been found out that without application of
mind and without verifying the record and proceedings in
proper manner, straightaway order is passed. He submits
that in fact, he has already produced a copy of the
application filed before the Competent Authority; if the
Hon'ble Court would make cursory glance at the same,
in that event, it would have been found out that the
concerned responsible officer of the Authority has made
endorsement on the said applications, which crystallizes
the position of the fact that the said application was
delivered by the applicant herein on 22.06.2018, and as
per the statutory provisions of law, that within a period
90 days, the said application is required to be
entertained. The date mentioned in the applications
shows that the applicant has preferred the application on
th
the 78 day from the date of delivery of the decision by
the said Judge. Therefore, the present application
requires consideration by quashing and setting aside the
decisions taken by the Land Acquisition Officer by way
of impugned order dated 19.08.2021.
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3.1 Per contra, Mr. Jay Trivedi, learned Assistant
Government Pleader appearing for the respondent No.1 -
State submits that in fact, record reveals that application
has been preferred well within the time frame schedule,
but if the Hon'ble Court would make a cursory glance at
the operative part of the order, in that event, it would
have been found out that the original papers were not
found from the office, and after the intensive search of
the record, they would have laid their hand upon the
certain materials, wherein endorsement pertaining to
specific date of receiving the application was not found
out. Based upon which, the Authority concerned took
decision that the application is not filed well within the
time frame schedule, whereupon date is mentioned as
20.05.2020, whereas the learned Special Senior Judge has
delivered the said decision on 28.06.2018, therefore, the
Authority has, under the bona fide belief, passed the
said order.
3.2 Learned AGP Mr. Trivedi has fairly conceded before
this Hon'ble Court that the documents upon which
reliance has been placed by the learned advocate for the
applicant is already annexed with the memo of petition.
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He has verified the same and found that an endorsement
of the officer of the respondent is found upon the
application, which crystallizes the factual aspect of the
matter that the said application had been received from
the office of the respondent on 22.06.2018.
4.1 Heard learned advocates for the respective parties.
Having gone through the record and proceedings and also
considering the arguments canvassed by learned
advocates for the rival parties, essentially, the present
petition is filed about non-consideration of the application
preferred under Section 28A of the Land Acquisition Act.
It is an admitted position of fact that on the basis of
issuance of Notification, the Government of Gujarat has
acquired the property of number of property holders and
thenafter, the amount of compensation has been given to
the concerned property holders and as the number of
persons are aggrieved and dissatisfied with the volume of
size of the amount of compensation granted to them,
they have filed a detailed application/representation in
the form of Reference to the Competent Authority. The
said representation and objection raised by the property
holders have been referred to the Reference Court, and
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thenafter, after considering and appreciating all the
documents placed on record by the respective parties, the
learned Senior Civil Judge, Dhrangadhra has allowed the
said Reference on 26.03.2018. As soon as those particular
facts came to the notice of the present applicant, as per
the provisions of law, within the time frame schedule, an
application under Section 28A has been preferred by the
applicant. The copy of the said document is also placed
on record.
4.2 The learned advocate appearing on behalf of the
applicant has submitted that if the Hon'ble Court would
make a cursory glance upon the contents of the said
documents as well as the endorsement made upon the
application, in that event, the entire controversy involved
in the present matter can easily be resolved. It is
submitted that at the time of accepting these
applications preferred by the applicant, one of the
competent officers of the respondent authority had made
endorsement to the effect that, copy of the papers have
been received on 22.06.2018. If Hon'ble Court would
make cursory glance upon the date of judgment and
award passed by the learned Senior Civil Judge,
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Dhrangadhra and the date of the application preferred by
the applicant, in that event, it would have been found
th
out that on the 78 day from the date of judgment of
the award passed by the Court, the application had been
preferred, which crystallizes the position of fact that
within the time frame schedule, the said application is
filed.
4.3 It is also found out from the record that thenafter,
subsequently, when the Authority concerned has verified
the record and proceedings, it has come to the notice
that in fact, there is no delay in preferring the said
application and the said application is filed well within
the time frame schedule and, therefore, by rectifying the
earlier order, a fresh communication is to be made to
the applicant. The copy of the said communication is
placed on record. It is found out from the record that
considering the above-stated totality of the facts of the
matter, at the time of entertaining the writ petition
preferred by the writ applicant, the Co-ordinate Bench of
this Court has given specific directions to the Authority
concerned to verify the same and pass a fresh order
during the pendency of the proceedings. Despite the said
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fact, the authority concerned has rejected the application
preferred by the applicant.
4.4 Learned advocate Mr. Jinesh Kapadia appearing for
the petitioner has also brought to the notice of this
Hon'ble Court that in fact, during the pendency of those
proceedings, an application under Section 11 of the Land
Acquisition Act had been preferred by the writ applicant
specifically stating that, he has also not received amount
of compensation awarded by the competent authority and
with a sole intent to get the said amount, an application
was subsequently preferred. The said application is also
disposed of based upon the fact that the application is
preferred belatedly.
4.5 The above-stated sequence of events of incident
crystallize the position of fact that immediately within
the stipulated period of time, an application under
Section 28A had been preferred by the applicant. Despite
this fact that the said application has not been
entertained by the authority concerned, specifically
stating that the said application has not been preferred
within the time frame schedule, and at the time of
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passing of the order, it is found out from the record that
at the time of rejecting the said application, certain
observations have been made by the respondent authority
specifically stating that, the original record is missing
and then after intensive search has been carried out and
thenafter, they could have found out certain pieces of
papers, whereupon no endorsement has been made out
and, therefore, they have rejected the said application.
4.6 It is an admitted position of fact that at the time
of preferring petition before the Hon'ble Court, the
applicant has come with the specific case that he had
preferred applications well within time frame schedule
and endorsement to that effect is also made by the
officer concerned at the time of accepting the application.
The said documents available on record crystallize the
position of fact that the application has already been
preferred well within time frame schedule. Despite the
fact that those particular documents, evidences, and
materials are available on record, the authority concerned
has taken a quite contrary and different stand than the
materials available on the record. Even to counter the
said claim of the applicant, not a single piece of
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document and/or material as well as reply have been
filed by the respondent authority. Therefore, considering
the same, the present application filed by the applicant
herein is required to be entertained.
4.7 Learned advocate appearing on behalf of the
applicant submits that in fact, the said application is
filed in the year 2018 and at the present time i.e. in
the year 2025, more than seven years have elapsed
during the pendency of the present proceeding; therefore,
considering the above-stated totality of the facts of the
matter, the impugned judgment and order dated
19.08.2021 passed by the authority concerned is required
to be quashed and set aside by remanding the said
matter to the Authority concerned with the specific
direction to conclude the proceedings within the time
frame schedule so that the applicant can get his
legitimate amount of compensation and the fruits of the
proceedings of the acquisitions, as expeditiously as
possible.
5. In view of the above, the present application is
allowed.
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6. The authority concerned is directed to decide the
said application afresh after giving full opportunity of
hearing to both the parties within a period of six
months from the date of receipt of copy of the order.
7. However, this Court has made it clear that this
Court has not gone into the merits of the matter.
8. The fate of the matter is required to be decided
independently without entering into the influence of the
observations made by this Court at the time of deciding
the present application.
(DIVYESH A. JOSHI,J)
DIWAKAR SHUKLA
