Gujarat High Court
State Of Gujarat Through Spl.Land ... vs Bhimabhai Khimabhai (Expired On ... on 28 July, 2025
NEUTRAL CITATION
C/FA/708/2009 JUDGMENT DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 708 of 2009
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
No
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STATE OF GUJARAT THROUGH SPL.LAND ACQUISITION OFFICER &
ANR.
Versus
BHIMABHAI KHIMABHAI (EXPIRED ON 25.6.2014 THROUGH HIS
LEGAL HEIRS AND REPRESENTATIVES & ORS.
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Appearance:
MS KRISHNA DESAI AGP for the Appellant(s) No. 1,2
MR KIRTIDEV R DAVE(3267) for the Defendant(s) No.
1.1,1.2,1.3,1.4.1,1.4.2,1.4.3,1.4.4,1.4.5,1.5,1.6,1.7,1.8,1.9,2,3
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 28/07/2025
ORAL JUDGMENT
1. This appeal is filed under Section 54 of the Land Acquisition Act and Section 96 of the Civil Procedure Code against the impugned judgment and award dated 28.03.2007 passed by the learned 6th Additional Principal Senior Civil Judge, Surendranagar Page 1 of 3 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:15:29 IST 2025 NEUTRAL CITATION C/FA/708/2009 JUDGMENT DATED: 28/07/2025 undefined in Land Acquisition Reference Cases No.4 of 2000 to 22 of 2000 whereby the Reference Court has awarded the compensation and awarded additional amount of Rs.25.75 per square meter for irrigated lands and Rs.22.50 per square meter for non-irrigated lands.
2. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant has preferred the present appeal.
4. Heard learned Assistant Government Pleader for the appellant and learned counsel for the respondents.
5. It appears that during the pendency of this appeal, First Appeals No.711/2009, 712/2009, 713/2009, 714/2009, 717/2009, 718/2009, 719/2009, 720/2009, 721/2009, 722/2009, 723/2009, 724/2009, 725/2009 and 726/2009 filed by the appellants - State Authorities, which covers the issue involved in the present appeal, were withdrawn in the Lok Adalat. Since the claim in the said appeals was settled in the Lok Adalat and in the present appeal, the claim is below Rs.5,00,000/-, the appellants cannot be challenged the impugned judgment and award in view of the decision of this Court in the case of Shivappa Etc. Vs. The Chief Engineer and others reported in 2023 LiveLaws SC 312.
6. In view of the above, the appeal is dismissed on the ground of smallness of the amount. If the appellants have not deposited the amount then the same shall be deposited before the Reference Court within a period of eight weeks from the date of receipt of this order. If the amount is deposited by the appellants Page 2 of 3 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:15:29 IST 2025 NEUTRAL CITATION C/FA/708/2009 JUDGMENT DATED: 28/07/2025 undefined before the Reference Court, the same shall be disbursed in favour of the claimants after verifying their bank details through RTGS / NEFT. Registry is directed to send back the record and proceedings to the trial Court forthwith.
Pending civil application/s shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 3 of 3 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:15:29 IST 2025