Gujarat High Court
Dilipbhai Karshanbhai Patel vs Gujarat Government on 9 October, 2025
NEUTRAL CITATION
C/FA/4057/2024 JUDGMENT DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4057 of 2024
With
R/FIRST APPEAL NO. 797 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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DILIPBHAI KARSHANBHAI PATEL
Versus
GUJARAT GOVERNMENT
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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 RAHUL DAVE, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 09/10/2025
COMMON ORAL JUDGMENT
1. Present First Appeals are filed under Section 54 of the
Land Acquisition Act, 1894 (hereinafter referred to 'the Act')
challenging the impugned judgment and decree dated
29.06.2018 passed in the Land Acquisition Reference (LAR)
Case Nos.211 to 213 of 2007 by learned Principal Senior Civil
Judge, Lalpur. The captioned First Appeals are arising out of
Land Reference Case Nos.212 and 211 of 2007 respectively.
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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. Since the issue involved in the captioned First Appeals is
common, First Appeals are decided together by this common
oral judgment.
4. Learned advocate for the appellants has contended that
applicants are aggrieved by the impugned judgment and decree
dated 29.06.2018 passed in the Land Acquisition Reference
(LAR) Case Nos.211 to 213 of 2007 by learned Principal Senior
Civil Judge, Lalpur. Present First Appeals are arising out of
Land Reference Case Nos.212 and 211 of 2007 respectively. 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 Fulzar (KO.BA) Irrigation Project. The Notification
under Section 4 of the Act came to be issued on 08.04.2005. The
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Land Acquisition Officer awarded compensation at Rs.6.50/-
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 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.
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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
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
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C/FA/4057/2024 JUDGMENT DATED: 09/10/2025
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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.6.50/- per square metres as
compensation. The appellants who claimed to be aggrieved by
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, present First Appeals are allowed. The
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matters are remanded back to the concerned Reference Court by
quashing and setting aside the impugned judgment and decree
dated 29.06.2018 passed in Land Reference Case Nos.212 and
211 of 2007 respectively by learned Principal Senior Civil
Judge, Lalpur.
8. In the present case, Notification under Section 4 is of the
year 2005, considering year of notification, learrned 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
