Gujarat High Court
Darbar Bhikhubha Dhirubha vs State Of Gujarat on 9 October, 2025
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C/FA/4125/2022 JUDGMENT DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4125 of 2022
With
R/FIRST APPEAL NO. 4126 of 2022
With
R/FIRST APPEAL NO. 4127 of 2022
With
R/FIRST APPEAL NO. 4128 of 2022
With
R/FIRST APPEAL NO. 4129 of 2022
With
R/FIRST APPEAL NO. 4130 of 2022
With
R/FIRST APPEAL NO. 4131 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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DARBAR BHIKHUBHA DHIRUBHA
Versus
STATE OF GUJARAT & 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 RAHUL DAVE, 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 award dated
22.02.2018 and 07.03.2018 respectively passed in group of
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Land Acquisition Reference (LAR) Case Nos.471 to 481, 483
to 518 and 520 of 2009 by learned Additional Senior Civil
Judge, Dhoraji. The captioned First Appeals are arising out of
the Land Acquisition Reference (LAR) Case Nos.488 520,
517, 507 497, 496 and 494 of 2009 respectively.
2. Heard learned Advocate Mr. Tejas P. Satta for the
applicants and learned Assistant Government Pleader Mr.
Rahul Dave for the respondent-State.
3. Learned advocate Mr. Tejas Satta for the appellant has
submitted that claimants have produced the evidence on
record with respect to the claim. However, neither written
arguments could be produced nor the learned advocate for the
parties were heard before passing of the impugned order. It is
further contended that one of the claimants of the group of
LARs was examined and documentary evidence was
produced. However, learned Reference Court while rejection
the reference cases, did not appreciate the evidence on record.
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3.1. It is further submitted that the order has been passed in
breach of principle of natural justice as the claimants could not
effectively put their case during final hearing before the
learned Reference Court. It is further submitted that even
otherwise the reasons assigned by the learned Reference Court
while appreciating the evidence, shows total non-application
of mind. No reason whatsoever has been given for rejecting
the case of the claimants. Except above, no other submissions
are canvassed by learned advocate for the appellant.
4. Per contra, learned AGP appearing for the respondent
State submitted that though opportunity was given to the
claimants to cross-examine, claimants remained negligent and
did not cross-examine the opponent and therefore, learned
Reference Court has appreciated the evidence available on
record and rejected the claim application of the claimants. It is
further submitted that the impugned order should be upheld
and no interference is called for. Except above, no other
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submissions are made by learned AGP.
5. A bare perusal of the impugned order reveals that
learned Reference Court has referred to the evidence on
record, but there is no adjudication of the said evidence while
coming to the conclusion that the claimants have failed to
prove their case. There is no proper adjudication done by the
learned Reference Court to come to the conclusion and that no
convincing reasons are assigned for the same.
6. The Hon'ble Supreme Court in case of State of Gujarat
and ors. vs. Rama Rana and ors. [(1997) 2 SCC 693] has
held that it is the duty of the learned Reference Court to
evaluate the evidence objectively and dispassionately to reach
the finding on just and appropriate compensation.
7. Further in view of the statement of the learned advocate
for the claimants that no written arguments could be placed on
record and no oral arguments were also made in the matter on
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behalf of claimants, in the interest of justice, the impugned
judgment and award dated 22.02.2018 and 07.03.2018
respectively passed in Land Acquisition Reference (LAR)
Case Nos.488 520, 517, 507 497, 496 and 494 of 2009
respectively by learned Additional Senior Civil Judge, Dhoraji
is set aside and the matters are remanded back to the learned
Reference Court for fresh adjudication on merits after giving
the due opportunity of leading evidence and hearing learned
advocates for the respective claimants.
8. Both the parties are at liberty to adduce any additional
evidence in support of their cases, however, such an
opportunity will be only given once. Thereafter, the learned
reference Court will decide the matters on its own merits
taking into consideration the documentary and oral evidence
on record as well as the additional evidence which may be
brought on record by the parties.
9. It is made clear that the appellant/s -claimant/s shall not
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be entitled for any interest for the the period i.e. from the date
of impugned judgment till the date of the filing of the
captioned First Appeals.
10. The learned Reference Court shall decide the reference
case on remand on merits within a period of Six Months from
the date of receipt of the present order. The parties are also
directed to cooperate with the learned Reference Court in
early disposal of the Reference Cases.
11. Accordingly, First Appeals stand disposed of. No order as
to costs.
12. Record and Proceedings, if any, be sent back to the
concerned Court / Tribunal.
(D. M. DESAI,J)
RINKU MALI
