Gujarat High Court
Pathan Ikbal Latifkhan vs State Of Gujarat on 1 July, 2025
NEUTRAL CITATION
C/FA/110/2023 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 110 of 2023
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2022
In R/FIRST APPEAL NO. 110 of 2023
With
R/FIRST APPEAL NO. 111 of 2023
With
R/FIRST APPEAL NO. 112 of 2023
With
R/FIRST APPEAL NO. 113 of 2023
With
R/FIRST APPEAL NO. 114 of 2023
With
R/FIRST APPEAL NO. 115 of 2023
With
R/FIRST APPEAL NO. 116 of 2023
With
R/FIRST APPEAL NO. 117 of 2023
With
R/FIRST APPEAL NO. 118 of 2023
With
R/FIRST APPEAL NO. 1635 of 2024
With
R/FIRST APPEAL NO. 1636 of 2024
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PATHAN IKBAL LATIFKHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RAKESH R PATEL(3239) for the Appellant(s) No. 1
MS DEVANSHI PATEL, AGP for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 01/07/2025
COMMON ORAL ORDER
1. By way of present First Appeals filed under Section 54 of Page 1 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:29:44 IST 2025 NEUTRAL CITATION C/FA/110/2023 ORDER DATED: 01/07/2025 undefined the Land Acquisition Act, 1889 read with Section 96 of the Code of Civil Procedure, 1908, the appellants herein - original claimants have challenged the common judgment and award dated 1.1.2013 passed by the learned 4 th Additional Senior Civil Judge, Vijapur, District Mehsana in Land Acquisition Reference Case Nos.1147/2011 to 1164/2011.
2. Heard learned advocate Mr. R. R. Patel for the appellants and learned Assistant Government Pleader Ms. Devanshi Patel for the respondent-State in all the appeals. Though served, none appeared for respondent No.2.
3. With the consent of learned advocates appearing for respective parties, these First Appeals are taken up for final hearing today.
4. The short facts arising from the record as under :-
5. That the respondent authority issued Notification under Section 4 of the Land Acquisition Act, 1889 (hereinafter referred Page 2 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:29:44 IST 2025 NEUTRAL CITATION C/FA/110/2023 ORDER DATED: 01/07/2025 undefined to as "Acquisition Act") on 29.01.2008 for acquisition of lands situated at village Sardarpur, Taluka Vijapur, District Mehsana (hereinafter referred to as "lands in question") for the purpose of Dharoi Canal Yojna and thereafter, the learned Special Land Acquisition Officer passed the award on 31.12.2008 under Section 11 of the Acquisition Act and awarded compensation at the rate of Rs.12/- per Sq. Meter.
6. That, the appellants herein - original claimants being aggrieved and dissatisfied with the amount of compensation, made reference under Section 18 of the Acquisition Act before the competent Civil Court, which was numbered as Land Acquisition Reference Case No.1147 of 2011 along with other reference cases filed by similarly situated farmers.
7. After considering the evidence on record, learned Reference Court partly allowed the reference cases and opponents were directed to pay additional compensation to the claimants @ Rs.137/- per square meter with statutory benefits.
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8. Being aggrieved and dissatisfied with the amount of compensation, the claimants are before this Court by filing the present First Appeals.
9. Learned advocate appearing for the appellants - original claimants would submit that land of village Sardarpur was acquired for the purpose of Canal Yojna. The various land reference Cases bearing Land Reference Cases Nos.151 of 2015 to 163 of 2015 came to be filed by the claimants for enhancement of compensation. The learned Reference Court partly allowed the reference cases by awarding additional compensation of Rs.555.73 per square meter (Rs.586-31) with statutory benefits. The said was challenged by State by way of filing First Appeal No.896 of 2020 and allied matters before the Coordinate Bench of this Court, wherein, by decision dated 24.2.2025, the Coordinate Bench has dismissed the appeals of State and confirmed the compensation @ Rs.586.73 per square meter. In the present appeals, the only difference is with regard to the date of notification. In the reference Cases Nos.151 of 2015 and allied matters, Section 4 notification was published on Page 4 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:29:44 IST 2025 NEUTRAL CITATION C/FA/110/2023 ORDER DATED: 01/07/2025 undefined 25.3.2011 whereas, in the present case, it was published on 29.1.2008. It is contended that when the issue before the Coordinate Bench is akin to the issue involved in the present appeals, the First Appeals be allowed accordingly.
10. On the other hand, learned Assistant Government Pleader would submit that the other land owners of village Sardarpur had challenged the common judgment and award dated 20.6.2017 passed by learned Principal Civil Judge, Vijapur in land reference Cases bearing Land Reference Cases Nos.151 of 2015 to 163 of 2015 and in the said reference cases, the compensation has been awarded @ Rs.586.73 per square meter. The said decision was assailed before this Court by preferring First Appeal Nos.896 of 2020 and allied matters which came to be dismissed vide order dated 24.2.2025 by holding the compensation @ Rs.586.73 Paisa. Copy of said decision is placed on record which is taken on record.
11. I have heard learned advocates appearing for the respective parties and perused the impugned common judgment Page 5 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:29:44 IST 2025 NEUTRAL CITATION C/FA/110/2023 ORDER DATED: 01/07/2025 undefined and award in the present First Appeals. The challenge in the present appeals by the appellants is that the learned Reference Court has not taken into consideration the three crops which were taken during the year and the award of additional compensation of Rs.137/- per square meter is neither adequate nor fair and just. It appears that agricultural land situated in village Sardarpur was acquired for construction of Dharoi Canal Yojna and the notification under Section 4 of the Act was published on 29.1.2008 and notification under Section 6 of the Act was published on 15.4.2008. The learned Special Land Acquisition Officer determined the compensation @ Rs.12/- per square meter. The learned Reference Court while deciding the reference cases filed by the respective claimants enhanced the compensation to Rs.137/- per square meter with statutory benefits. The undisputed fact which is culled out from the record is that in the land reference Cases bearing Land Reference Cases Nos.151 of 2015 to 163 of 2015 for the same village, the learned Reference Court awarded compensation of Rs.586.73 Paisa per square meter which was assailed by the State before this Court by filing first appeal No.896 of 2020 and allied matters which Page 6 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:29:44 IST 2025 NEUTRAL CITATION C/FA/110/2023 ORDER DATED: 01/07/2025 undefined were came to be dismissed vide order dated 24.2.2025 by upholding the compensation of Rs.586.73 awarded by the learned Reference Court.
12. The only question remains for consideration is that in the land reference Cases bearing Land Reference Cases Nos.151 of 2015 to 163 of 2015, section 4 notification was published on 25.3.2011 whereas in the present case, it is published on 29.1.2008. The duration between 2 notifications is almost 39 months. Therefore, the deduction is required to be considered while determining the market value of the land in question. When there is a substantial gap between the 2 notifications, it would be appropriate to deduct 10% decrease on the market value of the land in question.
13. In the present case, the judgment and award in the land reference cases is required to be modified and the claimants are entitled to compensation of Rs.396/- (Rs.586-190) per square meter (Rs.586X10X39 months / 100X12 + Rs.190.45, rounded off as Rs.190/-). The Special Land Acquisition Officer and the learned Page 7 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:29:44 IST 2025 NEUTRAL CITATION C/FA/110/2023 ORDER DATED: 01/07/2025 undefined reference Court has determined the market value of the land in question @ Rs.12/- and Rs.137/- per square meter. Therefore, the additional compensation would come to Rs.253/- per square meter.
14. In view of the above, present First Appeals are partly allowed. Thereby, the claimants are entitled to Rs.253/- per square meter as additional compensation with statutory benefits. The enhanced amount of compensation shall be deposited within a period of six weeks from the date of receipt of copy of this order before the learned Reference Court and learned Reference Court shall disburse in favour of the claimants after following due procedure of law by Account Payee Cheque / NEFT / RTGS. While making the payment, the Tribunal shall deduct the deficit courts fees, if not paid, in accordance with Rules / Law.
15. In view of partly allowing of the main matter, connected Civil Application stands disposed of accordingly.
(D. M. DESAI,J) vk Page 8 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:29:44 IST 2025