DEVSHIBHAI GORDHANBHAIversusSPECIAL LAND ACQUISITION OFFICER
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- C DOSHI
Holding
The appeal is allowed; the impugned judgment and order are quashed and the matter is remanded to the reference court for fresh adjudication with an opportunity of hearing to both parties.
Summary
Devshibhai Gordhanbhai appealed against the Special Land Acquisition Officer challenging the dismissal of his land reference applications in Land Reference Case No.93 of 2009 on the ground that he was not present before the reference court. The lower court had dismissed the applications without proper adjudication of evidence. The Coordinate Bench in First Appeal No.4084 of 2021 had earlier set aside those orders, citing lack of objective evaluation and denial of hearing, and remanded the matters for fresh adjudication. Relying on that precedent and the Supreme Court’s decision in State of Gujarat v. Rama Rana, the High Court allowed the present appeal, quashed the impugned order, and directed the reference court to conduct a fresh hearing with both parties present on 03.08.2026. The parties may adduce additional evidence, but only once.
Issues considered
- Whether the reference court erred in dismissing the claimants for non‑presence without proper adjudication of evidence.
- Whether the order of the Principal Senior Civil Judge should be set aside and the matter remanded for fresh adjudication.
- Whether the claimants are entitled to a hearing and opportunity to present additional evidence.
Subjects
Judgment
C/FA/2957/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2957 of 2026
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DEVSHIBHAI GORDHANBHAI
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
==========================================================
Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MS DHARITRI PANCHOLI, AGP for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 09/07/2026
ORDER
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.93 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
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C/FA/2957/2026 ORDER DATED: 09/07/2026
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
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)
SATISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 09/07/2026 16:23:25
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