[Cites 9, Cited by 0]
Gujarat High Court
Karabhai Hardasbhai vs State Of Gujarat on 15 January, 2026
NEUTRAL CITATION
C/FA/4526/2025 JUDGMENT DATED: 15/01/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4526 of 2025
With
R/FIRST APPEAL NO. 4527 of 2025
With
R/FIRST APPEAL NO. 4528 of 2025
With
R/FIRST APPEAL NO. 4529 of 2025
With
R/FIRST APPEAL NO. 4530 of 2025
With
R/FIRST APPEAL NO. 4531 of 2025
With
R/FIRST APPEAL NO. 4532 of 2025
With
R/FIRST APPEAL NO. 4533 of 2025
With
R/FIRST APPEAL NO. 4534 of 2025
With
R/FIRST APPEAL NO. 4535 of 2025
With
R/FIRST APPEAL NO. 4536 of 2025
With
R/FIRST APPEAL NO. 4537 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
✔
==========================================================
KARABHAI HARDASBHAI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
N R MEHTA(7794) for the Appellant(s) No. 1
VIKAS V NAIR(7444) for the Appellant(s) No. 1
MS.HIMANI SHAH, AGP for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 15/01/2026
ORAL JUDGMENT
NEUTRAL CITATION
C/FA/4526/2025 JUDGMENT DATED: 15/01/2026
undefined
1. Since the issues raised in these appeals are similar, they
are being decided by a common judgment. The facts of
First Appeal No.4526 of 2025 are taken for the purpose
of adjudication.
2. This First Appeal has been filed under Section 54 of the
Land Acquisition Act read with Section 96 of the Civil
Procedure Code, 1908, challenging the judgment and
award dated 10.05.2018 passed by the learned Principal
Senior Civil Judge, Lalpur at Jamnagar in Land
Reference Case No.161 of 2006.
3. It is the case of the present appellant-original claimant
that they are the owner of land bearing survey no.237/1
and 418/2 situated at Mouje: Karshanpur, Taluka:
Jamjodhpur, District Jamangar and for the purpose of
Kabarka Irrigation Project the State Government
sanctioned acquisition of the village Karshanpur,
Jamjodhpur and therefore, notification under section 4
was published in the official gazette on 09.04.2005 and
consequently, section 6 notification was published on
24.09.2005. The Land Acquisition Officers passed an
award under section 11 of the Act on 17.11.2005
granting compensation at the rate of Rs.4.50 per sq.mtr.
NEUTRAL CITATION
C/FA/4526/2025 JUDGMENT DATED: 15/01/2026
undefined
Feeling aggrieved and dissatisfied by the said award,
reference came to be filed under section 18 for
enhancement of the compensation being Land Reference
Case No.161 of 2006 before the learned District Court at
Jamnagar. The said land reference case was
subsequently transferred to the learned Senior Civil
Court, Lalpur at Jamnagar and learned Court, vide order
dated 10.05.2018, dismissed the reference preferred by
the present appellant due to absence of the claimant and
their advocate and has confirmed the award dated
17.11.2005 passed by the Land Acquisition Officer and
the same is subject matter of challenge before this Court
4. Heard learned advocate Mr.Vikas Nair and learned AGP
Ms.Himani Shah for the respondent-State.
4.1. Learned advocate Mr.Vikas Nair for the appellant, has
submitted that due to default on the part of learned
advocate for the claimant, the learned Reference Court
has rejected the reference without examining the same
on merits. It is submitted by learned advocate Mr.Vikas
Nair that the claimant was never served with the notice
issued by the Authority under section 9 of the Act. The
notice by the reference court was issued on 16.12.2017
NEUTRAL CITATION
C/FA/4526/2025 JUDGMENT DATED: 15/01/2026
undefined
and was served to the defendant on 28.12.2017 and the
claimants have instructed the advocate to represent him
in the reference proceedings before the learned Court.
As the learned advocate failed to appear before the
learned Reference Court and therefore, the stage of
evidence of the claimant was closed on 14.03.2018 and
thereafter, in absence of the parties to the proceedings,
the Reference Court proceeded to frame issues involved
therein and decided the case vide impugned judgment
dated 10.05.2018. It is only when the claimant has
approached the Reference Court with intent to inquire
with regard to the status of the reference proceedings,
the appellant came to have knowledge with regard to the
impugned judgment and award and thereafter
immediately on receiving the certified copies, the first
appeal came to be filed before this Court on 25.01.2022
with application for condonation of delay.
4.2. It is submitted by the learned advocate Mr.Vikas Nair
that as the concerned advocate did not remain present
before the learned Reference Court, claimant would not
claim the interest from the date of framing issue till
filing of the present appeal. In view of the above, learned
NEUTRAL CITATION
C/FA/4526/2025 JUDGMENT DATED: 15/01/2026
undefined
advocate Mr.Vikas Nair prays to allow the present First
Appeals by remanding the matter back to the learned
Reference Court for deciding on its own merits.
4.3. Per contra, learned AGP Ms.Himani Shah appearing
for the respondent-State, has vehemently opposed these
appeals and submitted that though the learned
Reference Court has issued notice, the claimant did not
appear and lead their evidence to substantiate their
claim and therefore, no error has been committed by the
learned Reference Court in dismissing the reference due
to absence of the learned advocate. In that background,
it is prayed not to interfere with the impugned judgment
and dismiss the present first appeals.
5. Having considered the arguments made by the learned
advocates for the respective parties, it emerges from the
record that while dismissing the reference, learned
Reference Court had recorded that despite many years
have been passed and sufficient opportunities were
granted to the claimant to adduce the evidence, the
claimant failed in availing such opportunities. In absence
of the same, learned Reference Court has rejected the
reference and upheld the amount awarded by the Land
NEUTRAL CITATION
C/FA/4526/2025 JUDGMENT DATED: 15/01/2026
undefined
Acquisition Officer at the rate of Rs.4.50/- per sq.mtr. of
the land which was acquired by the Acquiring Body.
5.1. In the considered opinion of this Court, the
adjudication of the reference petition filed before the
Civil Court has to be regarded as an award within the
meaning of Section 26 of the Land Acquisition Act,
irrespective of the fact that enhancement of
compensation came to be awarded or not. It is
incumbent on the part of the Civil Court to consider the
material on record, even if the party is absent and has
failed to adduce evidence. It is to be noted that unless
the material on record is considered and appreciated,
the amount determined being the market value would
not be specified in the award of the Reference Court as
envisaged under Section 23(1) of the Act, 1894. It must
include the amount awarded under the respective
clauses of Sub-section 23 of the Act together with
grounds of award. In the instant case, while dismissing
the reference, the learned Court has committed an error
in holding that compensation awarded at the rate of
Rs.4.50/- per sq. mtr. by the Land Acquisition Officer is
correct and genuine market value of the acquired land.
NEUTRAL CITATION
C/FA/4526/2025 JUDGMENT DATED: 15/01/2026
undefined
Instead of accepting the award, the learned Court should
have undertaken the exercise to arrive at the conclusion
that the amount determined by the L.A.O. would be just,
proper and reasonable value for the land under
acquisition. The Reference Court did not take stand to
elucidate as to how compensation awarded by the L.A.O.
was just, proper and reasonable. In such circumstances,
the impugned judgment and award would not be
construed as adjudication of the dispute within the ambit
of law and the same cannot be treated as an award
under Section 26 of the Act. The Court would not have
jurisdiction to refuse for determination of the amount of
compensation even where the claimant remains absent
or where he is present but fails to adduce evidence. It is
mandatory for the Civil Court to apply its Judicious mind
and make an award under Section 26 of the Act. In that
background, the impugned judgment and award passed
by the learned Reference Court dismissing the reference
application is required to be quashed and set aside.
6. Resultantly, these First Appeals are allowed.
7. The impugned judgments and awards are hereby
quashed and set aside. Land Reference Cases are
NEUTRAL CITATION
C/FA/4526/2025 JUDGMENT DATED: 15/01/2026
undefined
restored to its original files and remanded back to
learned Court for deciding afresh on the basis of
evidence, which may be adduced by both the parties.
8. It is clarified that the claimant would not claim the
interest from the date of framing of issues till the filing
of the appeal. This Court has not entered into the merits
of the case. Reference shall be decided in accordance
with the law on the basis of evidence.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
