Power Of Atterney Holder Of Bhagwanji ... vs Deputy Collector And Special Land ...
2025 Latest Caselaw 6340 Guj

Gujarat High Court

Power Of Atterney Holder Of Bhagwanji ... vs Deputy Collector And Special Land ... on 8 September, 2025

                                                                                                               NEUTRAL CITATION




                              C/FA/3284/2025                                    ORDER DATED: 08/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 3284 of 2025

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                       POWER OF ATTERNEY HOLDER OF BHAGWANJI NARANBHAI SURESH
                                            PARSHOTAMBHAI
                                                 Versus
                       DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER AND
                                   REHABILITATION (IRRIGATION) & 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
                       MS DEVANSHI PATEL, AGP for the Defendant(s) No. 1,2
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                            Date : 08/09/2025

                                                             ORAL ORDER

1. Admit. Learned AGP waives service of notice of admission on behalf of the respondents.

2. With the consent of learned advocates appearing for respective parties, present First Appeal is taken up for final hearing today.

3. By way of present First Appeal filed under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, the appellant herein - original claimant has challenged the judgment and decree dated 30.7.2018 passed by the learned 8th Additional Senior Civil Judge, Jamnagar in Land Acquisition Reference Case No.506 of 2006 mainly on the ground learned advocate for the claimant remained absent.

4. Learned advocate appearing for the appellant - original claimant would submit that the reference case was dismissed for non prosecution and the applicant was not aware about the dismissal of the reference proceedings. It is also contended that the learned advocate who appeared before the learned reference Court did not inform about the judgment but the applicant came to know regarding

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C/FA/3284/2025 ORDER DATED: 08/09/2025

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dismissal of reference case after Diwali, in the month of November, 2018. It is contended that thereafter the the claimant contacted the advocates for seeking legal advice. The applicant being an illiterate villager was not able to take the decision at the appropriate stage and, therefore, delay has occurred. It is further contended that the land of the applicant has been lost in the process of acquisition and the applicant has also lost source of income. It is contended that there is no intentional delay on the part of the applicant, however, because of lack of knowledge, the applicant could not remain present before the learned reference Court and adduce evidence. If an opportunity is given to substantiate claim, the applicant shall not claim any interest from 27.12.2017, the day on which the learned advocate for the applicant remained present before the learned reference Court and, therefore, request is made to remand the proceedings for fresh adjudication. No other submissions are made except the above.

5. On the other hand, learned Assistant Government Pleader would submit that because of negligence on the part of applicant, the proceedings had been rejected. It is evident from the record that from the date of framing of issues, despite a notice was issued to the applicant, applicant remained negligent by no remaining present. Resultantly, the reference case came to be disposed of as rejected. No other submissions are made except the above.

6. At this stage it may be apposite to refer to the decision of the coordinate Bench of this Court in First Appeal No.4174 of 2022 and allied matters, wherein, by order dated 19.10.2022, it has been held thus:

"5. The appellant has placed reliance on the order dated 29.06.2022 passed by the Coordinate Bench of this Court in First Appeal No.862 of 2022 and allied matters, on the similar issue, whereby the reference Court has rejected the reference application on the ground that the appellants- claimants did not produce any evidence despite giving ample opportunities to them. The Coordinate Bench of this Court has observed thus:"6. In view of above, this Court is of the opinion that in the land reference cases, it is the duty of the learned reference Court to go into the issue of awarding compensation and to assess the same for its adequacy in the background that the claimants have lost possession of their land. In the present case, no such exercise has been undertaken by the learned reference Court. In the premise, the impugned judgment and orders are hereby set aside and the matters are remanded back to the learned reference Court for

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C/FA/3284/2025 ORDER DATED: 08/09/2025

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determining the entitlement of the land owners to just, reasonable and adequate compensation, which can be determined only after examining the evidence adduced by the parties. In the interest of justice, the present appellants deserve an opportunity to produce additional evidence in respect of their entitlement to adequate compensation.

6.1 Accordingly, all the First Appeals are hereby allowed. The impugned common judgment and order is hereby quashed and set aside and the matter is remanded to the learned reference Court for fresh consideration in accordance with law with a liberty in favour of the parties to adduce oral as well as documentary evidence in support of their case.

6.2 The parties are directed to adduce their evidence within 6 weeks from the date of first appearance before the learned reference Court. The reference Court is also directed to decide the reference cases as expeditiously as possible and not later than 31.12.2022.

6.3 It is also seen from the record that the learned reference Court had granted number of opportunities to the appellants with respect to production of evidence, however, they remained negligent. Therefore, this Court is of the opinion that if any enhancement is made by the learned reference Court in the remand proceedings, the appellants shall not be entitled to any interest from the date of impugned judgment till today, i.e. from 17.3.2018 to 29.6.2022.

6.4 The parties are directed to cooperate with the learned reference Court in early disposal of the reference cases. Present First Appeals are allowed for the aforesaid reasons and accordingly stand disposed of. There shall be no order as to costs."

6. This Court has observed that the appellants- claimants shall not be entitled for any interest for the intervening period i.e. from the date of impugned judgment till the order passed by this Court."

7. I have heard learned advocates appearing for the respective parties and also perused the impugned judgment and award. It appears that despite the notice being issued to the applicant, applicant remained absent in not remaining present and proceeded with the reference proceedings. Resultantly, learned reference Court dismissed the reference cases for want of prosecution. The Land Acquisition Act being a benevolent legislation, the land loser who has lost his livelihood due to proceedings should not be suffered for want of technicalities. The villagers in the country are illiterate persons and they are not well-versed with the proceedings of the Court. A leniency is required to be shown to a poor litigant who has lost his land and livelihood. Keeping in mind the aforesaid principle, it would be in the

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C/FA/3284/2025 ORDER DATED: 08/09/2025

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interest of justice to give a last chance to the applicant to canvass his case before the learned Reference Court.

8. In view of the above, present First Appeal is allowed. Thereby, the impugned judgment and decree dated 30.7.2018 passed by the learned 8th Additional Senior Civil Judge, Jamnagar in Land Acquisition Reference Case No.506 of 2006 is hereby quashed and set aside. Land Acquisition Reference Case No.506 of 2006 is hereby remanded to the learned Reference Court for fresh consideration.

9. The appellant herein - original claimant shall lead the evidence, documentary as well as oral, and shall cooperate the learned Reference Court in expeditious hearing of the reference case. 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. However, it appears that since the appellant herein and their Advocate have remained negligent for their rights of the compensation and the learned Reference Court, I am of the opinion that if any enhancement is made by the learned Reference Court in the remanded proceedings, the appellant herein shall not be entitled to interest from 27.12.2017 to 16.10.2021.

10. Record and Proceedings, if any, be sent back to the concerned Court, forthwith. Interim Relief, if any, stands vacated forthwith. No order as to costs.

(D. M. DESAI,J) vk