IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)

NO. 1054 of 2026 In R/FIRST APPEAL/989/2026 With R/FIRST APPEAL NO. 989 of 2026 =====================================================

JETHIBEN DESABHAI NAVAR & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No.

1,2,3,4,5 MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5 MS. HEMALI D. SONI, AGP for the Respondent(s) No. 1,2,3 =====================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 12/03/2026

ORDER

ORDER IN CIVIL APPLICATION NO.1054 of 2026 In the peculiar facts and circumstances, whereby the judgment and decree passed in Land Reference Case No.599 of 2017 is challenged by way of this appeal under Section 54 of the Land Acquisition Act, whereby the delay as caused, is condoned following the order passed by the coordinate Bench in Civil Application No.2667 of 2022 arising from the identical matter.

Considering the averments made in the application, present application is allowed and delay caused in filing the aforesaid First Appeal is hereby condoned.

ORDER IN FIRST APPEAL NO. 989 of 2026 Notice returnable forthwith. Learned APP waives service of the notice on behalf of the respondents.

1. With consent of both the sides, appeal is taken up for final hearing.

2. The appeal under Section 54 of the Land Acquisition Act challenges the judgment and award dated 06.07.2018 passed by the Reference Court at Rajula rejecting the application for enhancement in the compensation on the ground that the claimant has not produced the evidence on record. Thus, it could be noticeable that the learned Reference Court did not touch the merit and dismissed the reference only on the ground that, no evidence has been produced.

3. Without delving further into the merits of the case, since the appellant did not avail the opportunity to tender the evidence and face the adverse order of dismissal in the reference, I find that instead of taking the technical view, let the view of substantial justice prevail over.

4. For the reasons stated hereinabove, the appeal is allowed. The impugned order passed by the Reference Court is quashed and set aside. The Land Reference Case No.599 of 2017 is restored to the original proceedings.

5. At this juncture, I record the submission of learned advocate Mr. Tejas P. Satta that the appellant shall not claim the interest for the delayed period of 2713 days, which shall start at the end of the first year while in calculation of the interest.

6. His further statement that the appellant shall file the affidavit to that extent before this Court as well as the learned trial Court is also accepted and it is permitted accordingly.

7 The affidavit/s shall be filed within 02 weeks before this Court and before the learned trial Court within a period of 04 weeks from the matter being listed before the learned Reference Court.

(J.C. DOSHI, J.)

Raj