Gujarat High Court
Lh Of Ganeshbhai Haribhai Rabari vs The State Of Gujarat on 27 November, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/15911/2025 ORDER DATED: 27/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15911 of 2025
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LH OF GANESHBHAI HARIBHAI RABARI & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR NM PATEL(6042) for the Petitioner(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
MR.RAJESH B SONI(2632) for the Petitioner(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6
MS.HETAL PATEL, ASST.GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 27/11/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. This is a wholly misconceived petition seeking for invocation
of jurisdiction of this Court under Articles 226 / 227 of the
Constitution of India passed by the Civil Court in LAR No.1504 of
2011, under Section 18 of the Land Acquisition Act' 1894.
2. A perusal of the order impugned indicates that a payment
pursis has been filed by the petitioners herein seeking for
disbursement of compensation determined under the Reference
Court award on the ground that the amount has been deposited
before the Reference Court by the Special Land Acquisition Officer
concerned. The Reference Court has rejected the prayer of the
petitioners for disbursement of the compensation amount on the
payment pursis noticing that there was a dispute with respect to
the disbursement and a Special Civil Application No.16762 of 2020
filed by the objector is pending before this Court.
NEUTRAL CITATION
C/SCA/15911/2025 ORDER DATED: 27/11/2025
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3. Challenging the order impugned, it is vehemently argued by
the learned counsel for the petitioners that the objectors, namely
respondent Nos. 3 and 4 are sheer outsiders. There was no
occasion for the Reference Court to reject the payment pursis by
passing the order impugned when the amount determined under
the Reference Court award has been deposited by the Special Land
Acquisition Officer.
4. It was further argued that even the First Appeal filed by the
State before this Court challenging the judgment of the Reference
Court for enhancement of compensation has been dismissed with
the judgment and order dated 05.04.2023 with the direction that
the amount deposited before the Reference Court shall be
disbursed to the claimants after due verification. The contention is
that, after the aforesaid directions of the first Appellate Court,
there remained no impediment for disbursement of the
compensation amount deposited before the Reference Court. The
Reference Court refused to disburse the compensation amount on
the payment pursis submitted by the petitioners.
5. Taking note of the contentions made in the present petition,
suffice it to record that, in essence, the question is of execution of
the Reference Court decree, which according to the petitioners, is
in their favour. On a payment pursis, once the Reference Court
found that there were objections for disbursement of the
compensation amount in favour of the applicants, who has
submitted the pursis, no infirmity can be attached to its decision in
rejecting the same on the ground that the dispute is pending.
6. However, the fact remains that the petitioners are still having
a remedy to seek execution of the Reference Court decree under
the Civil Procedure Code. After such an execution is filed, all issues
NEUTRAL CITATION
C/SCA/15911/2025 ORDER DATED: 27/11/2025
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pertaining to the right of the petitioners and disbursement of
compensation shall have to be determined, including the claims of
the objectors, if any.
7. We, therefore, dispose of the present petition with the
observation that the petitioners shall be at liberty to file an
appropriate execution application seeking execution of the
Reference Court award dated 31.08.2018 in LAR Nos. 1499 / 2011
to 1550 / 2011. On such application being filed, the same shall be
decided strictly in accordance with law after due notice and
opportunity to all concerned.
8. It is clarified that the order impugned dated 07.10.2025
passed by the Reference Court, subject matter of challenge herein,
refusing to disburse the compensation amount on the payment
pursis shall not come in the way of the petitioners / execution
applicants.
(SUNITA AGARWAL, CJ )
(SANJEEV J.THAKER,J)
SAHIL S. RANGER
