Gujarat High Court
Vejiben Parshottambhai vs Deputy Collector And Special Land ... on 9 October, 2025
NEUTRAL CITATION
C/FA/1166/2022 JUDGMENT DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1166 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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VEJIBEN PARSHOTTAMBHAI
Versus
DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER AND
REHABILITATION(IRRIGATION) & ANR.
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Appearance:
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 JUDGMENT
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
29.05.2018 passed in the Land Acquisition Reference (LAR)
Case Nos.01to 15 of 2011 by learned 2nd Additional Senior Civil
Judge, Jamnagar. The captioned First Appeal is arising out of
Land Reference Case No.06 of 2011.
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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.
4. Learned advocate for the appellants has contended that
applicants are aggrieved by the impugned judgment and decree
dated 29.05.2018 passed in the Land Acquisition Reference
(LAR) Case Nos.01to 15 of 2011 by learned 2 nd Additional
Senior Civil Judge, Jamnagar. The captioned First Appeal is
arising out of Land Reference Case No.06 of 2011. 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
Rajkot Jamnagar Vadinar Four Track Road. Notification under
Section 4 of the Act came to be issued on 03.04.2008. The Land
Acquisition Officer awarded compensation at Rs.6/- per square
meteres. Since the award was meagre, appellants-land loosers
filed reference under Section 18 of the Act for enhancement of
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C/FA/1166/2022 JUDGMENT DATED: 09/10/2025
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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. Except above, no
submissions are canvassed by learned advocate for the
appellants.
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C/FA/1166/2022 JUDGMENT DATED: 09/10/2025
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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
framing of issues. Resultantly, the reference came to be
dismissed for want of evidence. The purpose of the Land
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C/FA/1166/2022 JUDGMENT DATED: 09/10/2025
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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/- 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, 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
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C/FA/1166/2022 JUDGMENT DATED: 09/10/2025
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dated 29.05.2018 passed in the Land Acquisition Reference
(LAR) Case No.06 of 2011 by learned 2nd Additional Senior
Civil Judge, Jamnagar.
8. In the present case, the Notification under Section 4 is of
the year 2008, 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
