IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1196 of 2026 With R/CIVIL APPLICATION NO. 971 of 2025 In R/FIRST APPEAL NO. 1196 of 2026 ==========================================================

PRABHULAL HANSRAJ Versus SPECIAL LAND ACQUISITION OFFICER. DEPUTY COLLECTOR & ANR.

==========================================================

Appearance:

MR RITESH J TRIVEDI(3222) for the Appellant(s) No. 1 MR SHAILESH DESAI AGP for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 24/03/2026

ORDER

ORDER IN CIVIL APPLICATION :

Considering the averments made in the application, the same is allowed and delay caused in preferring main matter stands condoned.

ORDER IN FIRST APPEAL :

1. The present appeal filed under Section 54 of the Land Acquisition Act has arisen from the common judgment and award dated 28.03.2018 passed by learned 2^nd Additional Senior Civil Judge, Civil Court, Jamnagar in L.A.R. Nos.39 of 2011 to 40 of 2011 whereby the learned Reference Court dismissed the Reference of the appellant being L.A.R.No.40 of 2011 on the ground that claimants are not remaining present. 2. Heard Mr.Samarth Amin, learned advocate for Mr.Ritesh Trivedi, learned advocate appearing for the appellant and learned Assistant Government Pleader Mr.Shailesh Desai for the respondent State.

3. At the outset, learned advocate Mr.Amin referred to the oral judgment passed by the coordinate Bench of this Court in First Appeal Nos.4276 of 2025 and 4277 of 2025 dated 15.12.2025 arise from the common judgment and award which is impugned in this appeal.

4. Vide the said oral judgment dated 15.12.2025, the coordinate Bench was pleased to remand the matters to learned 2^nd Addtiional Senior Civil Judge, Jamnagar for fresh consideration and adjudication. This Court, is therefore, following the common oral judgment dated 15.12.2025 and adopting the reasons therein, allowing this appeal as having situated on same footing. for fresh hearing and adjudication. The common judgment and award passed by the learned 2^nd Additional Senior Civil Judge, Civil Court, Jamnagar in LAR Case Nos.39 of 2011 to 41 of 2011 are hereby quashed and set aside and Land Reference Case No.40 of 2011 is restored to its original finl and is remanded back to the Reference Court for fresh consideration and adjudication in accordance with law after affording an opportunity to the parties to adduce evidence.

5. Needless to state that this Court has not examined merits of the matter. The claimants hall not be entitled to claim interest for the period commencing from the date of framing of issues till the date of filing of the present appeal. Learned Reference Court is directed to decide the issue as early as possible not later than six months from the date of receipt of copy of this order. Parties are directed to remain present before the Reference Court on first date fixed in the matter and to adduce any further evidence, if any. The present First Appeal is accordingly disposed of.

(J. C. DOSHI,J)

MISHRA AMIT V.