KAMARIBEN KARSHANBHAI KANGADversusSPECIAL LAND ACQUISITION OFFICER

     C/CA/3202/2026                          ORDER DATED: 04/08/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                     NO. 3202 of 2026
              In R/FIRST APPEAL/3604/2026
                           With
             R/FIRST APPEAL NO. 3604 of 2026
=====================================================
          KAMARIBEN KARSHANBHAI KANGAD & ORS.
                           Versus
         SPECIAL LAND ACQUISITION OFFICER & ANR.
=====================================================
Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No.
1,2,3,4,5,6
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5,6
MS. KINJAL VYAS, AGP for the Respondent(s) No. 1,2
=====================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                        Date : 04/08/2026
                              ORDER
ORDER IN CA

1.            Heard learned advocate Mr. Tejas Satta for the
applicants 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 applicants have prayed to condone delay of
2740 days caused in preferring the captioned appeal.

4.            Relying upon the order dated 17 th December, 2021
passed by this Court in Civil Application No.1686 of 2021,
learned advocate Mr. Tejas Satta submitted that the appeal

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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 2740
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.



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



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     C/CA/3202/2026                         ORDER DATED: 04/08/2026




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 Acquisition Case No.92 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 have 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
      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


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            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 17.08.2026.

  4.                 The learned Reference Court is expected to hear and
  decide the proceedings as early as possible, preferably within 09
  months from the date of receipt of this order.




                                                                                  (J.C. DOSHI, J.)

  Raj

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 04/08/2026 15:22:07




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