C/FA/2959/2026 ORDER DATED: 09/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2959 of 2026 With R/FIRST APPEAL NO. 2960 of 2026 ========================================================== HEIRS OF DECEASED GOVINDBHAI MANDANBHAI & ORS. Versus DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION) & ANR. ========================================================== Appearance: MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6 MR TEJAS P SATTA(3149) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6 MS DHARITRI PANCHOLI, AGP for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 09/07/2026 ORDER 1. Admit. Learned AGP Ms.Pancholi waives service of notice of admission on behalf of respondents. Since other First Appeals arising from common judgment has been disposed of by this Court by order dated 07.05.2026, with consent of learned advocates for both sides, the appeals are disposed of at admission stage. 2. Common judgment is passed in Land Reference Case No.218 of 2006 to 233 of 2006, keeping main LRC No.218 of 2006 as lead matter. In the present appeals, judgment and and order passed in Land Reference Case No.225 of 2006 and Land Reference Case No.232 of 2006 is challenged respectively. 3. This Court vide order dated 07.05.2026 in First Appeal No.228 of 2025 and allied matter, remanded the matter to learned Trial Court for fresh consideration. In para 4 to 7, the Court has observed as under :- C/FA/2959/2026 ORDER DATED: 09/07/2026 “4. In the midst of aforesaid arguments, what persuaded this Court that the approach of the learned Reference Court is against the rudimentary facts. Ordinarily, if exemplar is available and the judgment and award passed in land acquisition cases is accepted by the State Government, it would be the best example to determine the compensation. However, at that time, it would be the duty upon the learned Reference Court to examine the commercial viability and valuation of the land of adjoining villages. 5. In the aforesaid circumstances, without delving further into the merits of the appeals, even without further recording the statement that the judgment of Land Reference Cases Nos.196 of 2007 and allied mattershas been accepted by the State Government, I find that if the matters are remanded back to the learned Reference Court for fresh hearing in accordance with law, permitting both the parties to lead the evidence, it would be in the best interest of justice. 6. Consequently, all the appeals are allowed in the aforesaid terms. The impugned judgments and awards are quashed and set aside. The land reference cases are hereby remanded and restored to the proceedings before the learned Reference Court for fresh hearing. 7. Both the parties are at liberty to lead the evidence.” 4. Adopting the above reasons, present appeals are allowed. Impugned judgment and award is quashed and set aside. The matters are remanded back to the learned Reference Court for fresh hearing in accordance with law, permitting both the parties to lead the evidence. The learned Reference Court is directed to decide the reference within 06 months from the date of receipt of the copy of the judgment. Page 2 of 3 C/FA/2959/2026 ORDER DATED: 09/07/2026 5. Since the appeals are filed in delay, the delay as per the orders passed in the respective CAs, the claimants are not entitled to claim the interest on the additional amount of compensation for the delayed time period. 6. Registry is directed to return back the R & P, if any, to the concerned Court forthwith. 7. Copy of this judgment be kept in all the matters. (J. C. DOSHI,J) SATISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 09/07/2026 16:29:10