Case Note & Summary
The present appeal was filed under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, challenging a common judgment and award dated 13/02/2026 passed by the learned 2nd Additional Senior Civil Judge, Jamnagar in LAR Nos. 171 of 2011 to 198 of 2011. The Reference Court had dismissed the reference on account of the absence of the appellant. The appellant, Mahendrabhai Naranbhai Parmar and others, were the original claimants in LAR No. 193 of 2011, seeking enhanced compensation for land acquisition. The learned advocate for the appellant, Mr. Tejas Satta, submitted that in First Appeal No. 3102 of 2025, a coordinate bench of this Court had already remanded the matters (LAR Nos. 171/2011 to 198/2011) to the learned Reference Court for fresh adjudication on merits. He argued that an identical order should be passed in the present appeal. The learned Assistant Government Pleader, Ms. Himani Shah, did not dispute this fact and submitted that an appropriate order may be passed. The High Court, after considering the submissions and perusing the decision in First Appeal No. 3102 of 2025, found that the present appeal arises from the same set of LARs and that the coordinate bench had already remanded those matters. Accordingly, the Court allowed the appeal, set aside the impugned judgment and award, and remanded the matter to the Reference Court for fresh adjudication on merits. The Court directed the Reference Court to decide the reference afresh in accordance with law, after giving an opportunity of hearing to both sides. The appeal was disposed of accordingly.
Headnote
A) Land Acquisition - Reference Dismissal for Default - Remand for Fresh Adjudication - Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908 - The appellant's reference under the Land Acquisition Act was dismissed by the Reference Court due to the appellant's absence. The High Court, noting that a coordinate bench had already remanded similar matters (LAR Nos. 171/2011 to 198/2011) for fresh adjudication, held that the present appeal arising from LAR No. 193/2011 should also be remanded to the Reference Court for decision on merits, as the parties did not dispute the factual similarity. (Paras 2-5)
Issue of Consideration
Whether the appeal arising from dismissal of a land acquisition reference for default should be remanded for fresh adjudication on merits, following a similar order passed by a coordinate bench in a related appeal.
Final Decision
The appeal is allowed. The impugned common judgment and award dated 13/02/2026 passed by the learned 2nd Additional Senior Civil Judge, Jamnagar in LAR No. 193 of 2011 is set aside. The matter is remanded to the learned Reference Court for fresh adjudication on merits. The Reference Court is directed to decide the reference afresh in accordance with law, after giving an opportunity of hearing to both sides. The appeal is disposed of accordingly.
Law Points
- Remand for fresh adjudication
- Dismissal for default
- Land acquisition compensation
- Section 54 Land Acquisition Act
- Section 96 CPC
