Modification of Judgment dtd. 05/02/2026 in R/FA/159/2026

0.13011718629891011 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 159 of 2026 [On note for speaking to minutes of order dated 05/02/2026 in R/FA/159/2026 ]

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BAMANIA NAVAJI NATHAJI SINCE DECEASED THROUGH LEGAL HEIRS & ORS. Versus DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER &

ANR.

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Appearance:

MR RAKESH R PATEL(3239) for the Appellant(s) No.

1,1.1,1.2,1.3,1.4,1.4.1,1.4.2,1.4.3,1.4.4,1.4.5,2,2.1,2.2,2.3,2.4 GOVERNMENT PLEADER for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 18/02/2026

ORAL ORDER

1. Considering the averments made in the Note for Speaking to Minutes, the same is hereby allowed.

2. The words in fifth line of para 2.3 of the judgment dated

05.02.2026 be substituted and read as “award under section 11 on 16/09/1975 and reference was filed on 30/11/1988 and reference was forwarded by learned Deputy Collector and Land Acquisition Officer, Himmatnagar vide letter dated 16.05.2024 under section

18 of the Act.”.

3. Registry to carry out the necessary corrections in the order and issue a fresh writ of the same. Rest of the order shall remain unaltered.

(M. K. THAKKER,J)

ARCHANA S. PILLAI R/FA/159/2026 0.13011718629891011 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 159 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No ✔

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BAMANIA NAVAJI NATHAJI SINCE DECEASED THROUGH LEGAL HEIRS & ORS. Versus DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER &

ANR.

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Appearance:

MR RAKESH R PATEL(3239) for the Appellant(s) No.

1,1.1,1.2,1.3,1.4,1.4.1,1.4.2,1.4.3,1.4.4,1.4.5,2,2.1,2.2,2.3,2.4 MR.BHAVESH DESAI, AGP for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 05/02/2026

ORAL JUDGMENT

1. This appeal is filed challenging the judgment and order dated 01.10.2024 passed by learned Additional Senior Civil Judge, Bayad, District: Aravalli in Land Reference Case No.188 of 2024 whereby, learned reference court has dismissed the reference on the ground of limitation.

2. Heard learned advocate Mr.Rakesh Patel for the appellant and learned AGP Mr.Bhavesh Desai for the respondent-State.

R/FA/159/2026 0.13011718629891011

2.1. Learned advocate Mr.Rakesh Patel submits that as per the decision rendered by the Apex Court in the case of Premji Nathu Vs State of Gujarat reported in AIR 2012 SC 1624 the limitation would begun from receiving the notice under section 12(2) of the Act and the claimant did not receive any notice under section 12(2) of the Act therefore, the reference cannot be said to be barred by law of limitation. It is submitted by learned advocate Mr.Rakesh Patel that original claimant who filed a reference died and the present appellants who are the heirs of the original claimant were not having knowledge with regard to pendency of the reference proceedings therefore, in absence of participation before the learned reference court, the learned court has dismissed the reference and confirmed the amount awarded towards compensation by the learned Special Land Acquisition Officer. It is submitted by learned advocate Mr.Rakesh Patel that it is bound duty of the learned reference court to ascertain the correct market value of the land acquired and the meager amount which was offered by the learned Special Land Acquisition Officer under section 11 of the R/FA/159/2026 0.13011718629891011 Act cannot be said to be fair and reasonable compensation and in that background, this appeal is required to be allowed.

2.2. Learned advocate Mr.Rakesh Patel has relied on the dec