Case Note & Summary
The petitioners, Ravjibhai Shankarbhai Dabhi and another, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court seeking a writ of mandamus to compel the Land Acquisition Officer to decide their application under Section 28A of the Land Acquisition Act, 1894. The application had been pending since 15.02.2023. Initially, the State-respondents informed the court that a First Appeal (F/21577 of 2025) had been filed against the reference court award dated 07.01.2023, which was the basis of the Section 28A application. The court postponed the hearing. Subsequently, it was brought to the court's notice that the First Appeal, along with a delay condonation application, was dismissed on 16.01.2026 on the ground of delay. The learned Additional Advocate General for the State submitted that the State was considering approaching the Supreme Court against the dismissal of the First Appeal, but no such petition had been filed. The court noted that the Deputy Collector/Special Land Acquisition Officer had already passed an order on 29.05.2025 disposing of the Section 28A application, finding the petitioners entitled to the benefits of the reference court award. However, the petitioners' grievance was that the application was not being decided. The court observed that since the First Appeal had been dismissed and no further challenge was pending, there was no impediment to the authority deciding the application. The court directed the Land Acquisition Officer to decide the application under Section 28A within four weeks from the date of receipt of the order, in accordance with law. The petition was disposed of accordingly.
Headnote
A) Land Acquisition - Section 28A Application - Mandamus - The petitioners sought a writ of mandamus to compel the Land Acquisition Officer to decide their application under Section 28A of the Land Acquisition Act, 1894, pending since 15.02.2023. The State had filed a First Appeal against the reference court award, which was dismissed on 16.01.2026 on the ground of delay. The court held that since the First Appeal is dismissed and no further challenge is pending, the authority must decide the application. The court directed the Land Acquisition Officer to decide the application within four weeks from the date of receipt of the order. (Paras 1-7)
Issue of Consideration
Whether the land acquisition authority can be directed by mandamus to decide a pending application under Section 28A of the Land Acquisition Act, 1894, despite the pendency of a first appeal against the reference court award.
Final Decision
The High Court disposed of the petition with a direction to the Land Acquisition Officer to decide the application under Section 28A of the Land Acquisition Act, 1894, within four weeks from the date of receipt of the order, in accordance with law.
Law Points
- Mandamus
- Land Acquisition
- Section 28A
- Delay in deciding application
- Reference Court award
- First Appeal dismissed
Case Details
2026 LawText (GUJ) (03) 1104
R/SPECIAL CIVIL APPLICATION NO. 2149 of 2025
Himanshu J Amin, Archana U Amin, Manisha Lavkumar Shah, Krutik Parikh
Ravjibhai Shankarbhai Dabhi & Anr.
Land Acquisition Officer & Anr.
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Nature of Litigation
Writ petition seeking mandamus to decide pending application under Section 28A of Land Acquisition Act, 1894.
Remedy Sought
Petitioners sought a writ of mandamus directing the Land Acquisition Officer to decide their application under Section 28A of the Land Acquisition Act, 1894, pending since 15.02.2023.
Filing Reason
The application under Section 28A was not being decided by the Land Acquisition Officer, despite being pending for over two years.
Previous Decisions
The reference Court award dated 07.01.2023 was challenged by the State in First Appeal No. F/21577 of 2025, which was dismissed on 16.01.2026 on the ground of delay. The Deputy Collector/Special Land Acquisition Officer had passed an order on 29.05.2025 disposing of the Section 28A application, finding the petitioners entitled to benefits.
Issues
Whether the Land Acquisition Officer can be directed by mandamus to decide a pending application under Section 28A of the Land Acquisition Act, 1894, despite the pendency of a first appeal against the reference court award.
Submissions/Arguments
The petitioners argued that their application under Section 28A was pending since 15.02.2023 and the authority had not decided it.
The State-respondents initially submitted that a First Appeal had been filed against the reference court award, but later informed that the First Appeal was dismissed on 16.01.2026 on the ground of delay. The State was considering approaching the Supreme Court but no petition had been filed.
Ratio Decidendi
Since the First Appeal against the reference court award has been dismissed and no further challenge is pending, there is no impediment to the Land Acquisition Officer deciding the application under Section 28A of the Land Acquisition Act, 1894. The authority must decide the application within a reasonable time.
Judgment Excerpts
By means of the present petition, the petitioners herein seek directions in the nature of mandamus commanding the land acquisition authority to decide the application under Section 28A of the Land Acquisition Act, 1894 pending since 15.02.2023.
It is brought on record that the First Appeal No. F/21577 of 2025 ... has now been dismissed vide judgment and order dated 16.01.2026 on the ground of delay.
The order passed by the competent authority ... the petitioners have been found entitled to the benefits of the reference Court award dated 07.01.2023.
Procedural History
The petitioners filed a writ petition in 2025 seeking mandamus to decide their Section 28A application. The State informed the court about a pending First Appeal, which was later dismissed on 16.01.2026. The court then directed the authority to decide the application within four weeks.
Acts & Sections
- Land Acquisition Act, 1894: 28A
