Gujarat High CourtProperty and Real Estate LawCivil Procedure and Evidence

Landowners Get Fresh Hearing On Compensation After Missing Evidence; Gujarat HC Bars Interest For 2,881-Day Delay

NARSHIBHAI THAKARSHIBHAI NANDASANAv.THE DEPUTY COLLECTOR SPECIAL LAND ACQUISITION OFFICER AND REHABILITATION (IRRIGATION)

Landowners Get Fresh Hearing On Compensation After Missing Evidence; Gujarat HC Bars Interest For 2,881-Day Delay. NARSHIBHAI THAKARSHIBHAI NANDASANA vs THE DEPUTY COLLECTOR SPECIAL LAND ACQUISITION OFFICER AND REHABILITATION (IRRIGATION). Gujarat High Court. LawLens
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In brief

The question

Whether the Reference Court’s rejection of the claimants’ reference proceedings for failure to appear and adduce evidence should be set aside and the proceedings restored.

The court held

The appeal was allowed. The impugned order was quashed and the reference proceedings restored, with a direction to the Reference Court to decide them within three months of receiving the order.

It also directed

The claimants must remain present at every hearing and cooperate in the proceedings; they are not entitled to interest for the delayed period of 2,881 days.

01Facts

The claimants appealed against the Reference Court’s order rejecting their reference proceedings because they had not appeared and adduced evidence despite opportunities.

p. 1

They sought a final opportunity to lead evidence and stated that they would waive interest for the delayed period.

p. 1

The State opposed the appeal, submitting that the Reference Court had properly discontinued the proceedings after granting ample opportunities.

p. 1

The claimants relied on a Coordinate Bench decision in First Appeal No. 4258 of 2022.

p. 1

02Issues

i.Whether the Reference Court’s rejection of the claimants’ reference proceedings for failure to appear and adduce evidence should be set aside and the proceedings restored.

p. 1 · p. 3

ii.Whether the restored proceedings should be subject to directions concerning the claimants’ participation, timely disposal, and interest for the delayed period.

p. 3

03Law Applied

The Court relied on the Coordinate Bench’s decision in First Appeal No. 4258 of 2022, which referred to First Appeal No. 862 of 2022 and allied matters.

p. 1 · p. 2

Those decisions held that, in land-reference matters, the Reference Court must determine the landowners’ entitlement to just, reasonable, and adequate compensation by considering the evidence, and that claimants should be afforded an opportunity to adduce evidence.

p. 2

The precedent also supports withholding interest for a period of delay attributable to claimants’ negligence.

p. 2

04Reasoning

The Court considered the reference proceedings to be a forum in which a person who has lost land and seeks enhanced compensation should be given an opportunity to establish the claim, rather than having the reference rejected solely because the claimants failed to appear and produce evidence.

p. 3

Applying the Coordinate Bench’s approach, it set aside the rejection and restored the proceedings, while requiring the claimants to attend every hearing and cooperate with the Reference Court.

p. 3

The Court also addressed the delay by denying interest for 2,881 days.

p. 3

05Holding

The appeal was allowed. The impugned order was quashed and the reference proceedings restored, with a direction to the Reference Court to decide them within three months of receiving the order.

p. 3

The claimants must remain present at every hearing and cooperate in the proceedings; they are not entitled to interest for the delayed period of 2,881 days.

p. 3
Gujarat High Court

Original Court PDF

NARSHIBHAI THAKARSHIBHAI NANDASANAvsTHE DEPUTY COLLECTOR SPECIAL LAND ACQUISITION OFFICER AND REHABILITATION (IRRIGATION)

Gujarat High Court · November 02, 2026

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