Harunbhai Jivabhai vs Land Acquisition Officer
2026 Latest Caselaw 2176 Guj

Gujarat High Court

Harunbhai Jivabhai vs Land Acquisition Officer on 10 April, 2026

                                                                                                                           NEUTRAL CITATION




                             C/SCA/2923/2025                                                ORDER DATED: 10/04/2026

                                                                                                                            undefined




                            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                R/SPECIAL CIVIL APPLICATION NO.                             2923 of 2025

                       =======================================================
                                       HARUNBHAI JIVABHAI & ORS.
                                                 Versus
                                       LAND ACQUISITION OFFICER
                       =======================================================
                       Appearance:
                       MR NITIN M AMIN for the Petitioner(s) No. 1,2,3,4,5,6,7
                       MR SANJAY M AMIN for the Petitioner(s) No. 1,2,3,4,5,6,7
                       MS HIMANI SHAH AGP for the Respondent(s) No. 1
                       =======================================================

                          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                                        Date : 10/04/2026

                                                               ORAL ORDER

1. By filing present petition, the petitioner has prayed for issuance of appropriate direction upon the learned Civil Court, Ahmedabad to register the case of the petitionerS based on their Reference Applications, which was forwarded by the respondent no.1 and to adjudicate.

2. Heard learned advocate, Mr. Nitin Amit for the petitioners and learned AGP Ms. Himani Shah for the respondents.

3. Learned advocate, Mr. Amin submitted that the respondent no.1 herein passed an Award under Section 11 of the Land Acquisition Act, 1894 in LAQ No.6/2007 on 29.11.2008, against which, Reference Applications by the petitioners and other claimants in all 17 numbers were submitted before the respondent no.1 on 07.01.2009, however

NEUTRAL CITATION

C/SCA/2923/2025 ORDER DATED: 10/04/2026

undefined

somehow, those Reference Applications could not be registered, therefore, the petitioners made inquiry from the office concerned but no reply was received, therefore, the petitioners submitted an application under the Right to Information Act seeking certain information about the status of their application and pursuant thereto, on receipt of the information received from the office of the respondent no.1 on 31.03.2010, they came to know about the fact that the applications have already been sent from the office of the respondent no.1 long back but it has not been received in the registry of learned civil court, Ahmedabad, therefore, the present petition has been preferred. He submitted that in fact, because of delay in process, it would enhance burden upon the Government exchequer, therefore, interference of this Hon'ble Court is required.

4. At this stage, he has drawn attention of this Court towards the order dated 11.07.2023 passed by the Division Bench of this Hon'ble Court in Special Civil Application No.5658/2022 as well as the order dated 25.01.1999 passed in Special Civil Application No.10813/1998 and emphasized the observations made therein with regard to the reconstruction of the matter. It is, therefore, urged that if the Hon'ble Court would issue appropriate direction upon the authority as ordered in the aforesaid decision, in that event, it would serve the purpose.

NEUTRAL CITATION

C/SCA/2923/2025 ORDER DATED: 10/04/2026

undefined

5. On the other hand, learned APP submitted that considering the facts of the case, appropriate directions may be issued.

6. In view of the above submissions canvassed by learned advocates for the parties and having considered the facts of the case, I am of the opinion that the matter requires consideration.

7. Accordingly, the respondent no.1 is hereby directed to reconstruct the record and make appropriate reference to the learned Civil Court, Ahmedabad in pursuance to the Award dated 29.11.2008 passed in LAQ No.6/2007. After the reconstruction of the record, appropriate reference shall be made to the concerned court as early as possible preferably within a period of one month from the date of receipt of this order. Even the petitioners are also directed to extend all kind of cooperation to the respondent no.1 in reconstruction of the record. It is also directed to the respondent no.1 to reconstruct the record and make appropriate reference to the learned Civil Court, Ahmedabad in case of remaining 16 claimants, whose names are also mentioned in the communication.

8. With the above observation and direction, the present petition stands disposed of. Direct service is permitted.

(DIVYESH A. JOSHI, J.) Gautam