IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3109 of 2026 ============================================= HEIRS OF DECEASED KESHAVJIBHAI NATHABHAI SHAH & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR KM SHETH(838) for the Petitioner(s) No. 1,1.1,1.2,1.3,1.4, 1.5,1.6,1.7 MS HETAL PATEL, AGP for the Respondent(s) No. 1,2 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 09/03/2026 ORAL JUDGMENT (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. This is a wholly misconceived petition filed for the reliefs as under:-

“A). This Hon’ble Court be pleased to admit and allow this Special Civil Application.

B). This Hon'ble Court may be pleased to hold and declare that the impugned action of the respondent No.2, not initiating the process under Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 for the land of the petitioners situated at village Dhinchada, Taluka & District: Jamnagar, admeasuring 4014.13 square meters of survey no.11 paiki, is illegal, arbitrary, unjust and violative of Articles 14 and 19 of the Constitution of India, by way of issuing suitable writ, order or direction under Article 226 of the Constitution of India.

C). This Hon'ble Court may be pleased to direct the respondent No.2 to initiate the process of law under the Right to Fair compensation and Transparency in land Acquisition, Rehabilitation and resettlement Act, 2013for the land illegally taken by the state authority, situated at Village Dhinchada, Taluka & District: Jamnagar, admeasuring 4014.13 square meters of Survey No.11 paiki and further direct the respondents state Authority to pay the amount of compensation by declaring Award under section 23 of the Act, 2013, by way of issuing suitable writ, order under Article 226 Constitution of India.”

2. The petitioners herein claim to be heirs and legal representatives of deceased Keshavjibhai Nathabhai Shah. The assertion in the writ petition is that the land in question, viz. Survey No. 11 Paiki, admeasuring 27923 sq. mtrs., situated at Dhinchada, Taluka and District Jamnagar, had been acquired by publication of the notifications dated 15.03.2008 and 17.06.2008 under Sections 4 and 6 of the Land Acquisition Act, 1894; respectively. It is also stated in the writ petition that the award in LAQ Case No. 9/2008 was declared on 10.08.2009. However, the contention in the writ petition is that the petitioner’s father was not informed about the said award and also the copy of the award passed under Section 11 of the Land Acquisition Act, 1894 (in short as the “Act’ 1894) was never served and hence, he was not aware of the land acquisition proceedings and the amount of compensation.

3. It is also noteworthy that there is a reference of the notice under Section 12(2) of the Act’ 1894 dated 07.09.2009. However, in a vague manner, it is contended that the respondent no.2 was asked about the notice and it was intimated that the award was declared and as per the award, the claimant can receive the amount of compensation.

4. The further contention in the writ petition is that in similar circumstances, other similarly situated land owners whose lands were acquired under the Act’ 1894 had approached the reference court and their reference cases were partly allowed while enhancing the compensation vide order dated 20.02.2024.

5. The present petitioners who had not made reference application under Section 18 of the Act’ 1894 had sought advice from their learned advocate who intimated the petitioners that they can get benefit of Section 28A of the Act’ 1894. The certified copy of the award was, thus, applied and the application under Section 28A was prepared praying for payment of enhanced compensation as per the reference court award. At that stage, it was noticed that the area which was mentio