Gujarat High Court
Ranabhai Gokalbhai vs Deputy Collector on 9 October, 2025
NEUTRAL CITATION
C/FA/3097/2023 ORDER DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3097 of 2023
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RANABHAI GOKALBHAI
Versus
DEPUTY COLLECTOR & ANR.
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR BHAVESH DESAI, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 09/10/2025
ORAL ORDER
1. The present First Appeal is filed under Section 54 of the
Land Acquisition Act, 1894 (hereinafter referred to 'the Act')
challenging the impugned judgment and decree dated
02.04.2018 passed in the Land Acquisition Reference (LAR)
Case No.550 of 2006 by learned 7th Additional Senior Civil
Judge, Jamnagar.
2. Heard learned Advocate Mr. Tejas P. Satta for the
applicants and learned Assistant Government Pleader Mr.
Bhavesh Desai for the respondent No.1.
3. With the consent and request of learned advocates for the
respectice parties, this matter is taken up for final hearing.
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4. Learned advocate for the appellants has contended that
applicants are aggrieved by the impugned judgment and decree
dated 02.04.2018 passed in the Land Acquisition Reference
(LAR) Case No.550 of 2006 by learned 7 th Additional Senior
Civil Judge, Jamnagar. It is further contended that reference case
came to be dismissed for default as the applicants did not remain
present. It is further contended that the land of the appellants
was acquired for the purpose of Demi-3 Irrigation Scheme. The
Notification under Section 4 of the Act came to be issued on
10.05.2005. The Land Acquisition Officer awarded
compensation at Rs.3.25/- per square meteres. Since the award
was meagre, appellants-land loosers filed reference under
Section 18 of the Act for enhancement of compensation.
However, the claimants could not remain present and adduce
evidence. Learned Reference Court, in absence of evidence,
dismissed the application. Against which, the First Appeal is
filed. It is further contended that appellants being illiterate poor
villagers, did not adduce any evidence for enhancement of
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C/FA/3097/2023 ORDER DATED: 09/10/2025
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compensation, the purpose of the Act would be frustrated if an
opporutnity is not given to the appellants. Appellants have lost
their lands and livelihood in the process of acquisition. The
other claimants of the same group whose reference cases were
dismissed, were given an opportunity to adduce evidence by
remanding back respective reference cases to learned Reference
Court for its fresh adjudication. It is further contended that the
appellants shall not claim any interest from the date of framing
issues till filing of the First Appeal on enhanced compensation,
if any, awarded. Except above, no submissions are canvassed by
learned advocate for the appellants.
5. Per contra, learned Assistant Government Pleader for the
respondent-State has objected in remanding back the reference
cases and contended that the appellants were fence sitters as
after the First Appeals of other claimants were remanded back,
the appellants, have preferred First Appeal. As no ground is
made out for remand, the appeal may be dismissed. Except
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C/FA/3097/2023 ORDER DATED: 09/10/2025
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above, no submissions are canvassed by learned advocate for the
respondent.
6. Having considered the submissions of learned advocates
for the parties and more particularly, the fact which has been
taken into consideration by this Court that other claimants of the
same group were given an opporutnity by Co-ordinate Bench of
this Court by remanding back the reference cases to the learned
Reference Court, the same view is required to be adopted. In the
present case, it appears that the appellants remained absent after
framing of issues. Resultantly, the reference came to be
dismissed for want of evidence. The purpose of the Land
Acquisition Act is a benevolent legislation. Land loosers who
have lost their lands and livelihood in the process of acqusition,
are required to be compensated by adequate compensation. The
Land Acquisition Officer, in the process of determining the
market value, has awarded Rs.3.25/- per square metres as
compensation. The appellants who claimed to be aggrieved by
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C/FA/3097/2023 ORDER DATED: 09/10/2025
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the award of the compensation awarded by Land Acquisition
Officer is required to be given a chance to prove their case.
Considering the aforesaid factual aspect, a chance is given to
appellants to substantiate their claim of more compensation in
the reference proceedings. However, to meet the equity, the
appellants shall not be entitled to interest on any enhanced
compensation, if awarded, in favour of the appellants from the
date of framing of issues till the filing of the captioned First
Appeal.
7. Accordingly, the present First Appeal is allowed. The
matter is remanded back to the concerned Reference Court by
quashing and setting aside the impugned judgment and decree
dated 02.04.2018 passed in the Land Acquisition Reference
(LAR) Case No.550 of 2006 by learned 7 th Additional Senior
Civil Judge, Jamnagar.
8. In the present case, the Notification under Section 4 is of
the year 2005, considering year of notification, learrned
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C/FA/3097/2023 ORDER DATED: 09/10/2025
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reference Court shall decide the reference proceedings within a
period of six months from the date of receipt of this order.
Learned Reference Court shall not issue fresh notice to either
parties. Both the parties shall remain present before the learned
Reference Court and give full co-operation to the learned
Reference Court in deciding the reference proceedings
(D. M. DESAI,J)
RINKU MALI
