HEIRS OF DECEASED MUKTABEN BAVANJIBHAIversusDEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION)

      C/FA/2959/2026                               ORDER DATED: 09/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 2959 of 2026
                                    With
                       R/FIRST APPEAL NO. 2960 of 2026
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        HEIRS OF DECEASED GOVINDBHAI MANDANBHAI & ORS.
                              Versus
     DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION
                       (IRRIGATION) & ANR.
==========================================================
Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
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.     Admit. Learned AGP Ms.Pancholi waives service of notice
of admission on behalf of respondents. Since other First Appeals
arising from common judgment has been disposed of by this
Court by order dated 07.05.2026, with consent of learned
advocates for both sides, the appeals are disposed of at
admission stage.


2.     Common judgment is passed in Land Reference Case
No.218 of 2006 to 233 of 2006, keeping main LRC No.218 of
2006 as lead matter. In the present appeals, judgment and and
order passed in Land Reference Case No.225 of 2006 and Land
Reference Case No.232 of 2006 is challenged respectively.


3.     This Court vide order dated 07.05.2026 in First Appeal
No.228 of 2025 and allied matter, remanded the matter to
learned Trial Court for fresh consideration. In para 4 to 7, the
Court has observed as under :-


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     C/FA/2959/2026                          ORDER DATED: 09/07/2026




      “4.         In the midst of aforesaid arguments, what
      persuaded this Court that the approach of the learned
      Reference Court is against the rudimentary facts. Ordinarily,
      if exemplar is available and the judgment and award
      passed in land acquisition cases is accepted by the State
      Government, it would be the best example to determine the
      compensation. However, at that time, it would be the duty
      upon the learned Reference Court to examine the commercial
      viability and valuation of the land of adjoining villages.

      5.          In the aforesaid circumstances, without delving
      further into the merits of the appeals, even without further
      recording the statement that the judgment of Land Reference
      Cases Nos.196 of 2007 and allied mattershas been accepted
      by the State Government, I find that if the matters are
      remanded back to the learned Reference Court for fresh
      hearing in accordance with law, permitting both the parties
      to lead the evidence, it would be in the best interest of
      justice.

      6.         Consequently, all the appeals are allowed in the
      aforesaid terms. The impugned judgments and awards are
      quashed and set aside. The land reference cases are hereby
      remanded and restored to the proceedings before the
      learned Reference Court for fresh hearing.

      7.         Both the parties are at liberty to lead the
      evidence.”




4.    Adopting the above reasons, present appeals are allowed.
Impugned judgment and award is quashed and set aside. The
matters are remanded back to the learned Reference Court for
fresh hearing in accordance with law, permitting both the parties
to lead the evidence. The learned Reference Court is directed to
decide the reference within 06 months from the date of receipt of
the copy of the judgment.



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           C/FA/2959/2026                                                           ORDER DATED: 09/07/2026




 5.         Since the appeals are filed in delay, the delay as per the
 orders passed in the respective CAs, the claimants are not
 entitled to claim the interest on the additional amount of
 compensation for the delayed time period.

 6.         Registry is directed to return back the R & P, if any, to the
 concerned Court forthwith.

 7.         Copy of this judgment be kept in all the matters.




                                                                                              (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 16:29:10




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