Gujarat High Court
Habib Ahmed Ibrahim Karodiya vs State Of Gujarat on 26 September, 2025
NEUTRAL CITATION
C/SCA/1550/2025 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1550 of 2025
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HABIB AHMED IBRAHIM KARODIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KM SHETH(838) for the Petitioner(s) No. 1
MS NIDHI VYAS AGP for the Respondent(s) No. 1,2
VIKAS V NAIR(7444) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 26/09/2025
ORAL ORDER
1. RULE. Rule returnable forthwith. Mr. Jay Barot, learned
AGP waives service of rule for the respondent Nos.1 and 2 and
Mr. Vikas V. Nair, learned advocate waives service of rule for the
respondent No.3.
2. With the consent of the learned counsels for the parties,
the matter is taken up for final hearing and disposal.
3. The present Special Civil Application seeks a direction to
quash and set aside the impugned order dated 28.06.2022
whereby the application of the petitioner under section 28(A) of
the Land Acquisition Act, 1894 ["the Act" for short] has been
rejected.
4. It is the case of the petitioner that the lands of the
petitioner came to be acquired for the purpose of Industrial
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C/SCA/1550/2025 ORDER DATED: 26/09/2025
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Colony for G.I.D.C. Notification under Section 4 of the Act came
to be published on 25.03.1982. Declaration under Section 6 of
the Act came to be published on 01.03.1985. The award under
Section 11 of the Act came to be declared on 13.11.1987
awarding compensation at the rate of Rs.2.20 per sq. mt. in
L.A.Q. Case No.38/2. That thereafter some of the claimants
under the same Notification and same award, approached the
Reference Court by filing Land Reference Applications under
Section 18 of the Act claiming enhanced compensation at the
rate of Rs. 25/- per sq. mt. By judgment and order dated
9.11.2011, the Reference Court, Bharuch in L.A.R. Nos.195 of
1997 to 204 of 1997 determined the market value of the land at
the rate of Rs. 8.47 per sq. mt. as additional amount of
compensation with consequential benefits. Accordingly, the
petitioner herein who had not preferred any reference application
before the Reference Court under Section 18 of the Act made an
application under Section 28(A) of the Act on 31.01.2012. That
after hearing the learned advocate for the petitioner, the
respondent No. 2 - Dy. Collector and Special Land Acquisition
Officer, G.I.D.C. Office, Bharuch was pleased to allow the
application of the petitioner by declaring award under section
28(A) of the Act on 15/16.12.2014. That further the award was
sent to the State Government for approval. The petitioner No. 1
is residing out of country. As some corrections were required in
the award under Section 28(A) of the Act, a fresh award came to
be declared in May-2021 and the same was again sent for
approval to the State Government on 04.09.2021. The
respondent No.2 addressed the letter to the petitioner No.1 on
05.10.2021 calling upon him to submit relevant documents in
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C/SCA/1550/2025 ORDER DATED: 26/09/2025
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respect to the acquired land within 8 days. It was further stated
that if there is delay in submitting the said documents, then the
interest for the delayed period will not be considered. It is
submitted that since the petitioner No.1 is residing abroad,
therefore, he is not aware about the said letter. However, the
said letter was also communicated to the advocate for the
petitioner No.1 and therefore, necessary instructions were issued
to the learned advocate, who accordingly requested the
respondent No.2 for time to submit the relevant documents. That
due to restrictions in travel during the COVID-19 Pandemic,
petitioner No.1 could not visit India and produce the relevant
documents. So, further time was requested to submit the
relevant documents. By impugned order dated 28.06.2022, the
respondent No.2 has rejected the Section 28(A) application
holding that since relevant documents have not been produced
despite the notices, the application under Section 28(A) of the
Act is rejected.
5. The learned counsel for the petitioner submitted that in the
present case, the award has been declared and also submitted to
the State Government for approval. The only issue was with
respect to the fact that the petitioner No.1 is residing abroad, the
production of the relevant documents could not be done within
the stipulated time granted by the respondent No.2. He submits
that the petitioner is duly entitled to the benefit of under Section
28(A) of the Act and he has also been awarded the enhanced
amount. The learned counsel for the petitioner therefore submits
that the respondent No.2 has erred in passing the impugned
order and the same be set aside and the matter be remanded
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back to the respondent No.2 for further necessary action in
respect of payment of the additional amount of compensation as
awarded under Section 28(A) of the Act.
6. Learned AGP as well as Mr. Vikas V.Nair, learned advocate
appearing on behalf of respondent No.3 GIDC, the acquiring
body, do not dispute the fact that award under Section 28(A) of
the Act was passed by the Respondent No.2 and the same was
also approved by the State Government.
7. In the considered opinion of this Court, once the
respondent No.2 had issued notice calling upon the petitioner to
place on record the documents in respect of the petitioner No.1
and further with a caveat that for delay in submitting such
documents would disentitle him for interest for the period of
delay in submitting such documents, it was not proper for the
respondent No.2 to dismiss the application of the petitioner
under Section 28(A) of the Act, more so, when the award has
already been passed in favour of the petitioner No.1. The
respondent No.2 fell in error in passing the impugned order
dated 28.06.2022. The impugned order is, thus, quashed and set
aside.
8. The petitioner herein is directed to submit the requisite
documents to the respondent No.2 - Dy. Collector & Special
Land Acquisition Officer, Bharuch on or before 31.10.2025.
Upon submission of such documents, the respondent No.2 shall
process the same as expeditiously as possible and preferably
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within a period of four months from the date of receipt of such
documents.
With the aforesaid directions, the present Special Civil
Application stands disposed of. Rule is made absolute to
aforesaid extent. No order as to costs.
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
