Gujarat High Court
Arjanbhai Mandanbhai vs Special Land Acquisition Officer on 9 October, 2025
NEUTRAL CITATION
C/FA/3601/2022 JUDGMENT DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3601 of 2022
With
R/FIRST APPEAL NO. 3602 of 2022
With
R/FIRST APPEAL NO. 3603 of 2022
With
R/FIRST APPEAL NO. 3604 of 2022
With
R/FIRST APPEAL NO. 3605 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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ARJANBHAI MANDANBHAI
Versus
SPECIAL LAND ACQUISITION OFFICER & 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
RULE SERVED for the Defendant(s) No. 2
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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
10.07.2019 and 29.07.2019 respectively passed in the Land
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Acquisition Reference (LAR) Case Nos.1152 to 1164 of 2017
by learned Principal Senior Civil Judge, Dwarka. The
captioned First Appeals are arising out of Land Reference
Case Nos.1158, 1153, 1164, 1156 of 2017 and 1154 of 2017
respectively.
2. Heard learned Advocate Mr. Tejas P. Satta for the
applicants and learned Assistant Government Pleader Mr.
Bhavesh Desai for the respondent-State.
3. Learned advocate for the appellants has contended that
applicants are aggrieved by the impugned judgment and decree
dated 10.07.2019 and 29.07.2019 respectively passed in the
Land Acquisition Reference (LAR) Case Nos.1152 to 1164 of
2017 by learned Principal Senior Civil Judge, Dwarka and the
captioned First Appeals are arising out of Land Reference
Case Nos.1158, 1153, 1164, 1156 of 2017 and 1154 of 2017
respectively. It is further contended that reference case came to
be dismissed for default as the applicants did not remain present.
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It is further contended that the land of the appellants was
acquired for the purpose of 'Dadhki Water Resource Scheme'.
The Notification under Section 4 of the Act came to be issued
on 11.11.2004. The Land Acquisition Officer awarded
compensation at Rs.2/- 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 Appeals are 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
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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. It is further submitted that the Co-ordinate Bench of
this Court has vide order dated 19.07.2023 passed in First
Appeal No.2741 of 2023 and allied matters, remanded the
matters which are arising out of the same group in which the
captioned First Appeals are filed. The copy of order dated
19.07.2023 is placed on record and the same is taken on record.
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
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respondent. Except above, no other submissions are canvassed
by learned advcoate for the respondent/s.
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.2/- per square metres as
compensation. The appellants who claimed to be aggrieved by
the award of the compensation awarded by Land Acquisition
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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 Appeals are allowed. The
matters are remanded back to the concerned Reference Court by
quashing and setting aside the impugned judgment and decree
dated 10.07.2019 and 29.07.2019 respectively passed in the
Land Acquisition Reference (LAR) Case Nos.1158, 1153,
1164, 1156 of 2017 and 1154 of 2017 respectively .
8. In the present case, the Notification under Section 4 is of
the year 2004, considering year of notification, learrned
reference Court shall decide the reference proceedings within a
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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
