LEGAL HEIRS OF RAGHUVEERSINGH RANGATSINGH PRAKDA vs STATE OF GUJARAT
- Court
- Gujarat High Court
C/SCA/12890/2019 JUDGMENT DATED: 20/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12890 of 2019
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LEGAL HEIRS OF RAGHUVEERSINGH RANGATSINGH PRAKDA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ARPIT R SINGHVI(9524) for the Petitioner(s) No. 1,1.1,1.2,1.3,2,3,4,5,6,7,8,9
MR. KAUSHAL PATEL, ADVOCATE FOR MR P P MAJMUDAR(5284) for the
Petitioner(s) No. 1,1.1,1.2,1.3,2,3,4,5,6,7,8,9
MS.HETAL PATEL, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 20/07/2026
JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. Mr.Kaushal Patel, learned advocate holding brief of Mr.
P.P.Majmudar, learned advocate for the petitioners would
submit that the communication impugned dated 29.01.2011
was sent by the Registrar, District Court, Bharuch on his own,
returning the papers pertaining to a reference forwarded
under Section 18 of the Land Acquisition Act, 1894 (for short
“the Act, 1894), is in complete lack of power or authority with
the Registrar to do so.
2. It is submitted that the petitioners herein (9 in numbers)
made applications under Section 18 of the Act, 1894 for
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enhancement of compensation under the award dated
29.03.2010 in Land Acquisition Case No.16 of 2007. The
Special Land Acquisition Officer namely the respondent No.2
herein had referred the matter to the District Court under
Section 18 of the Act, 2013. However, without issuing the
notice to the land owners/reference applicants, the Registrar
of the District Court, Bharuch, on his own, had returned all
references by the communication dated 29.01.2011 on the
ground that there was delay and the reference was not in
accordance with the provision of Section 18 of the Act, 1894.
3. It is categorically submitted by the petitioners in the writ
petition that they were not aware of the communication dated
29.01.2011 for a long time and only upon an inquiry made
by the petitioners under the Right to Information Act by
moving application dated 21.04.2016, seeking details of their
Land Reference Applications from the office of the respondent
No.2, the copy of communication dated 27.11.2011 was
supplied to them. As a result of which, delay caused in filing
the present petition was beyond the control of the petitioners.
4. Be that as it may, taking note of the provisions of Section
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18 of the Act, 1894, we may note that any land owner or
person interested in the acquired land, if aggrieved by the
determination of the compensation under an award passed
under Section 11 of the Act, 1894, had a right to move an
application in writing before the Collector for determination
of compensation by the Court, including objections as to the
measurement of land, the person to whom it is payable or the
apportionment of compensation among the persons interested
besides the amount of the compensation. Sub section (2) of
Section 18 requires that the application shall state the
grounds on which objection to the award is taken and the
proviso to Sub section(2) provides for timeline within which
such application may be made.
5. However, to ascertain as to whether the application is
within the time period prescribed in the proviso to Sub
section (2) of Section 18, factual inquiry is to be conducted,
either at the stage of making reference by the Special Land
Acquisition Officer/ Collector, or the Court having jurisdiction
to deal with the reference under Section 18, once the
reference is forwarded to the court from the office of the
Collector. The power of the reference court under Section 18
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is adjudicatory in nature, akin to the Civil Court and in such
exercise of judicial function, the question of limitation could
not have been determined by the Registrar of the Court
concerned, who is only an administrative officer of the Court.
6. We, therefore, find that the communication dated
29.01.2011 send by the Registrar of the District Court,
Bharuch, without there being any judicial order of the
concerned Court, to return references forwarded from the
office of the Special Land Acquisition Officer/Collector under
Section 18 of the Act, 1894, is wholly without jurisdiction.
7. The communication dated 29.01.2011 sent by the
Registrar, District Court, Bharuch and the consequential
communication dated 16.10.2018 issued by the respondent
No.2, are hereby quashed.
8. We, further direct the office of the Special Land
Acquisition Officer to forward all reference applications filed
by the petitioners herein to the concerned District Court in
accordance with the provisions of Section 18 of the Act, 1894,
without raising objection as to the limitation provided in
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proviso to Sub section (2) of Section 18, which shall have to
be dealt with by the Court concerned, after putting notice to
the land owners/persons interested /applicants.
9. On receipt of the reference applications, the Court
concerned shall be under obligation to register the same and
proceed with the matters, in accordance with law, in an
expeditious manner, as much time has already been elapsed
due to the wrong action taken at the ends of the Registrar.
All endeavor shall be made by the Court concerned to decide
the Reference Application within a period of six months from
the date of receipt of the same.
10. This order be communicated to the office of the
Collector/Special Land Acquisition Officer by Ms. Hetal Patel,
learned AGP, within a week, for compliance.
11. With the above observations and directions, the present
petition stands disposed of.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
BINA SHAH
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