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NEUTRAL CITATION

C/SCA/11734/2025 ORDER DATED: 19/12/2025

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 11734 of 2025

With

CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025

In R/SPECIAL CIVIL APPLICATION NO. 11734 of 2025

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AHIR PRAVINBHAI GOMANBHAI & ORS.

Versus

SPECIAL LAND ACQUISITION OFFICER/ COLLECTOR BHARUCH & ORS.

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Appearance:

BHAVYARAJ K GOHIL(8806) for the Petitioner(s) No. 1,2,3,4

MR. KAMAL TRIVEDI, ADVOCATE GENERAL with MS. HETAL PATEL,

ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3

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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE

SUNITA AGARWAL

and

HONOURABLE MR.JUSTICE D.N.RAY

Date : 19/12/2025

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA

AGARWAL)

1. It is submitted by Ms. Hetal Patel, learned Assistant

Government Pleader that the issue raised in the present

petition is squarely covered by the decision of this Court

dated 11.08.2025 passed in Special Civil Application No. 1901

of 2025 and other allied matters, wherein this Court, has held

as under:-

“2. While issuing notice to the State Respondents, in the order

dated 14.02.2025, we have noted as under:-

“1. The challenge in the present petition is to the notification

dated 18.07.2024 issued under Section 25 of the Right to Fair

Compensation and Transparency in Land Acquisition,

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NEUTRAL CITATION

C/SCA/11734/2025 ORDER DATED: 19/12/2025

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Rehabilitation and Resettlement Act, 2013 (in short as the "

2013' Act") with the contention that the said notification is

dehors the provision itself.

2. It was argued by Mr. Shalin Mehta, learned senior advocate

assisted by Mr. B.K. Gohil, learned advocate appearing for the

petitioners that with the declaration notification issued on

18.09.2021, the award under Section 25 of the Act' 2013 was

required to be declared within a period of 12 months (1 year)

from the date of publication of declaration under Section 19 of

the Act' 2013, which is 18.09.2021 in the instant case.

3. The attention of the court is invited to the notification dated

02.09.2022 issued under the first proviso to Section 25 for

extension of period of one year provided therein to make an

award under Section 23 of the Act' 2013. A perusal of the said

notification at page '29' of the paper-book indicates that the

extension of the period for making of the award was for one

year with effect from 18.09.2022. It is, thus, argued that in any

case, with the first extension, the time period for making of the

award had expired on 18.09.2023, which has resulted in lapse

of the acquisition proceeding by virtue of Section 25 of the Act'

2013, which talks of automatic lapse. The contention is that, if

the language employed in Section 25 of the Act' 2013 is read

and understood, it means that there is a mandate by the

Legislature for making of the award within a period of 12

months from the date of publication of the declaration under

Section 19 of the Act' 2013 and in case of non-making of the

award within the said period, the entire proceedings for

acquisition shall stand lapsed.

4. The result is that as the award was not made on or before

18.09.2023, within the extended period by virtue of the

notification dated 02.09.2022, the entire acquisition proceeding

stood lapsed. However, by means of the notification dated

18.07.2024, after a period of approximately one year from the

lapse of the acquisition proceedings by virtue of Section 25, an

effort has been made for revival thereof by extending the time

taking aid of the first proviso to Section 25 of the Act' 2013,

which according to the learned senior counsel for the

petitioner, is impermissible.

5. It was argued that there is no question of revival of

acquisition proceeding with retrospective effect, with the

issuance of the no