Gujarat High Court
State Of Gujarat vs Rajbai Tajkhanji Tuvar Thro' Heirs ... on 9 July, 2025
NEUTRAL CITATION
C/FA/4947/2010 JUDGMENT DATED: 09/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4947 of 2010
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
Versus
RAJBAI TAJKHANJI TUVAR THRO' HEIRS NAVRANGKHANJI J TUVAR
& ORS.
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Appearance:
MS AGNEYA MANKAD AGP for the Appellant(s) No. 1
MR SV RAJU(688) for the Defendant(s) No. 1.3
MR. BHADRISH S RAJU(6676) for the Defendant(s) No. 1.1,1.2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 09/07/2025
ORAL JUDGMENT
1. Present appeal is filed by the appellant - State of Gujarat under Section 54 of the Land Acquisition Act r/w. Section 96 of the Civil Procedure Code against the judgment and award dated 30.09.1999 passed by the learned Assistant Judge, Sabarkantha at Himmatnagar in Land Reference Case No. 2163 of 1998 (main) and allied cases whereby the Reference Court has awarded the compensation and awarded additional amount of Page 1 of 2 Uploaded by V.R. PANCHAL(HC00171) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:41 IST 2025 NEUTRAL CITATION C/FA/4947/2010 JUDGMENT DATED: 09/07/2025 undefined Rs.117.50 per square meter.
2. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant has preferred the present appeal.
3. Heard learned Assistant Government Pleader for the appellant and learned counsel for the respondents.
4. It appears that during the pendency of this appeal, another appeal being First Appeal No. 4957 of 2010 filed by the appellant
- State of Gujarat which covers the issue involved in the present appeal. Since the claim in the said appeal was settled in the Lok Adalat and in the present appeal, the claim is below Rs.5,00,000/-, the appellant cannot be challenged the impugned judgment and order 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.
5. In view of the above, the appeal is dismissed on the ground smallness of the amount. If the appellant has 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 appellant before the Reference Court, the same shall be disbursed in favour of the claimants after verifying from the bank details through RTGS / NEFT. Registry is directed to send back the record and proceedings to the trial Court forthwith.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 2 of 2 Uploaded by V.R. PANCHAL(HC00171) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:41 IST 2025