BHIMJIBHAI LAXMANBHAI SONARAversusSPECIAL LAND ACQUISITION OFFICER IRRIGATION AND REHABILITATION

     C/CA/2937/2026                              ORDER DATED: 14/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2937 of
                            2026

                       In R/FIRST APPEAL/3127/2026

                                  With
                      R/FIRST APPEAL NO. 3127 of 2026
==========================================================
              BHIMJIBHAI LAXMANBHAI SONARA & ORS.
                              Versus
         SPECIAL LAND ACQUISITION OFFICER IRRIGATION AND
                      REHABILITATION & ANR.
==========================================================
Appearance:
MR TEJAS P SATTA(3149) for the Applicants
MS KINJAL VYAS, ASST. GOVERNMENT PLEADER for the Respondents
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 14/07/2026

ORDER IN CA


1.            Heard learned advocate Mr.Tejas Satta for the
applicant and learned AGP for the respondent – State.

2.            Rule returnable forthwith. Learned AGP waives
service of notice of rule for and on behalf of respondent –
State.

3.            By way of present application filed u/s 5 of the
Limitation Act, the applicant has prayed to condone delay of
2740 days caused in preferring the captioned appeal.


4.            Relying upon the order dated 17th December, 2021
passed by this Court in Civil Application No.1686 of 2021,

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     C/CA/2937/2026                                 ORDER DATED: 14/07/2026




learned advocate Mr.Satta submitted that the appeal arises
from a group matters in which the delay has already been
condoned and appeals have been admitted by allowing the
aforesaid Civil Application. Therefore, he submitted that the
present application for condonation of delay may also be
allowed.


5.            Learned AGP submitted that, since the delay in the
group    of     matters   arising   from      the   common         impugned
judgment has already been condoned, therefore, this Court
may pass an appropriate order.

6.            Considering the submissions canvassed by the
learned advocates for the parties and order dated 17 th
December, 2021, the present application is allowed. The delay
caused in preferring the captioned First Appeal is hereby
condoned, subject to deposit of costs of Rs.5,000/- before the
Gujarat State Legal Service Authority within a period of two
weeks from today, and in the event of enhancement of
compensation, claimant/s shall not be entitled to interest for
the delayed period of 2704 days. Rule made absolute to the
aforesaid extent.
              The claimant/s shall file an affidavit to that effect.
Receipt of deposit of amount shall be placed on record.

7.            Registry shall maintain a copy of this order in the
First Appeal record.




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     C/CA/2937/2026                         ORDER DATED: 14/07/2026




ORDER IN FA


1.    With consent of learned advocates for both the sides, the
appeal is taken up for final hearing at admission stage on the
ground that judgment and order passed in First Appeal No.4084
of 2021 and allied matters covers the issue herein.


2.    The appeal is filed challenging the judgment and order
passed by learned Principal Senior civil Judge, Dhoraji in Land
Reference Case No.96 of 2009, whereby, learned Reference Court
by common judgment has been pleased to dismiss the reference
applications on the ground that claimant did not remain present
before the learned Reference Court. Other appeals arising from
common judgment has been disposed of by Co-ordinate Bench
on 26.07.2022 passed in First appeal No.4084 of 2021 and allied
matters. In para 6 to 8, Co-ordinate Bench has observed as
under :-

      “6. A bare perusal of the impugned order reveals that while
      the learned Reference Court has referred to the evidence on
      record, there is no adjudication of the said evidence while
      coming to the conclusion that the claimants have failed to
      prove their case and the amount of compensation awarded
      is inadequate and unreasonable. There is no proper
      adjudication done by the learned Land Reference Court to
      come to the conclusion and that no cogent reasons are
      assigned for the same.
      7. 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.

      8. Further in view of the statement of the learned advocate
      for the claimants that no written arguments could be placed


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              C/CA/2937/2026                                                           ORDER DATED: 14/07/2026




                on record and no oral arguments were also made in the
                matter, in the interest of justice the impugned judgment and
                orders in respect of the LARs in question are set aside and
                the matters are remanded back to the learned Reference
                Court for fresh adjudication on merits after giving the due
                opportunity of hearing to the learned advocate for the
                claimants. 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.”



     3.         Adopting the above reasons, I allow the present appeal.
     Impugned judgment and order is quashed and set aside and
     matter is remanded back to learned Reference Court for fresh
     adjudication on merits, after giving opportunity of hearing to
     both parties. The parties are directed to remain present before
     the learned Reference Court on 03.08.2026.



                                                                                                     (J. C. DOSHI,J)
     SHEKHAR P. BARVE



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 14/07/2026 13:33:44




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