Gujarat High Court
Sama Undaji Kenaji vs State Of Gujarat on 15 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/9390/2025 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9390 of 2025
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SAMA UNDAJI KENAJI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR AR THACKER(888) for the Petitioner(s) No. 1,2,3,4,5,6,7
SHIVANG A THACKER(7424) for the Petitioner(s) No. 1,2,3,4,5,6,7
MR SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 15/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The petitioners herein [seven in numbers] claim that they are similarly situated with those of the petitioners in Special Civil Application No.4942 of 2024, which has been decided vide judgment and order dated 04.09.2024 in the following manner:-
"[1] From the Affidavit dated 02.09.2024 filed by the Collector, Bhuj, Kachchh, it may be noted that the Jantri value of non-irrigated land of Village Nandasar, Taluka Rapar, District Kachchh notified and uploaded on the website "garvi.gujarat.gov.in" as on 01.01.2014 is Rs.111/- per sq.mts. The land in question is Survey No.229 / 2 and Page 1 of 6 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:51 IST 2025 NEUTRAL CITATION C/SCA/9390/2025 ORDER DATED: 15/07/2025 undefined is a non-irrigated land, which fact is not disputed by the parties.
[2] In the said scenario, in view of the findings returned by us in the detailed judgment and order 28.08.2024, we provide that the Special Land Acquisition Officer has committed an error of law in determining the compensation in the land in question vide Award dated 03.03.2020, by considering the Jantri value of the land in question at the rate of Rs.16/- per sq.mts, as per the Jantri value in the year 2011.
[3] As noted by us, the initial determination of compensation as per the agreement arrived between the parties was as per the consent award dated 28.09.2011 had not been paid to the petitioners. The reason given by the State Respondent for non-payment of the compensation was that there was some mistake in determination of Jantri value by the Collector at the relevant point of time of non-irrigated land.
[4] We have also noted that the petitioner has approached this Court in Special Civil Application No.8943 of 2019 wherein, vide judgment and order dated 23.07.2019, the petitioners were given benefit of the Award passed with respect to a similarly situated land where compensation was paid as per the Jantri value of Rs.111/- per sq.mts for non-irrigated land. The petitioner had to file contempt proceedings for non-compliance of the judgment and order dated 23.07.2019. However, for a period of nine years, there has been tug of war between the parties in the Page 2 of 6 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:51 IST 2025 NEUTRAL CITATION C/SCA/9390/2025 ORDER DATED: 15/07/2025 undefined matter of determination of Jantri value of the land in question. Resultantly, the Award dated 03.03.2020 was passed by modifying the Jantri value of the land in question computing the compensation at the Jantri value of the year 2011.
[5] As noted by us in the judgment and order dated 28.08.2024, it may be reiterated that since the petitioners were not paid the compensation as per the consent Award dated 28.09.2011 within a reasonable time, we have held that the petitioners are entitled to the compensation at the Jantri value of the land in question as on 01.01.2014, the date of enforcement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
[6] Having held that, we have required the Collector to intimate us the Jantri value of the land in question as on 01.01.2014, which is admittedly Rs.111/- per sq.mts as per the statement made in the affidavit noted hereinabove.
[7] We, therefore, allow the present writ petition setting aside the Award dated 03.03.2020 holding that a fresh award is to be declared with respect to the land in question namely Plot No.29 / 2 of Village Nandasar, Taluka Rapar, District Kachchh, for computing the compensation at the Jantri value of Rs.111/- per sq.mts as on 01.01.2014.
[8] All other elements of compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall be Page 3 of 6 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:51 IST 2025 NEUTRAL CITATION C/SCA/9390/2025 ORDER DATED: 15/07/2025 undefined included after arriving at the computation of market value of the land in question at the Jantri value at the rate of Rs.111/- per sq.mts and the award be declared within the period of two months from the date of receipt of the copy of this order.
[9] In case of failure on the part of the respondent in declaring the award under the directions given above, it would be open for the petitioner to bring his action before this Court."
2. Mr. Sanjay Udhwani, learned Assistant Government Pleader has put in appearance on behalf of the State respondents. By order dated 11.07.2025, we have adjourned the matter to enable the learned Assistant Government Pleader to verify the statement made in the writ petition about the petitioners being similarly placed as those of the petitioners in the aforesaid writ petition and being covered by the judgment and order dated 04.09.2024. No objections have been taken to the said stand of the petitioners. Having perused the averments made in the writ petition and the fact that the lands belonging to the petitioners were part of the alleged consent award dated 28.09.2011 which was subject matter of the consideration in the aforesaid decision dated 04.09.2024, we are of the considered view that the petitioners Page 4 of 6 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:51 IST 2025 NEUTRAL CITATION C/SCA/9390/2025 ORDER DATED: 15/07/2025 undefined herein are also entitled for the same relief.
3. Having held that, we have required the Collector to intimate us the Jantri value of the land in question as on 01.01.2014, which is admittedly Rs.111/- per sq.mts as per the statement made in the affidavit noted hereinabove.
4. We, therefore, allow the present writ petition setting aside the Award dated 03.03.2020 holding that a fresh award is to be declared with respect to the land in question namely Survey Nos. 224, 225/1, 226/p2, 225/2, 226/p1, 229/1, 229/3 and 231 of Village Nandasar, Taluka Rapar, District Kachchh, for computing the compensation at the Jantri value of Rs.111/- per sq.mts as on 01.01.2014.
5. All other elements of compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall be included after arriving at the computation of market value of the land in question at the Jantri value at the rate of Rs.111/- per sq.mts and the award be declared within the period of two months from the date of receipt of the copy of this order. Page 5 of 6 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:51 IST 2025
NEUTRAL CITATION C/SCA/9390/2025 ORDER DATED: 15/07/2025 undefined
6. In case of failure on the part of the respondent in declaring the award under the directions given above, it would be open for the petitioner to bring his action before this Court.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 6 of 6 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:51 IST 2025