Gujarat High Court
Balvantbhai Narsinhbhai Patel vs State Of Gujarat on 12 November, 2025
NEUTRAL CITATION
C/FA/295/2020 JUDGMENT DATED: 12/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 295 of 2020
With
R/FIRST APPEAL NO. 1394 of 2020
With
R/FIRST APPEAL NO. 1395 of 2020
With
R/FIRST APPEAL NO. 1396 of 2020
With
R/FIRST APPEAL NO. 1397 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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BALVANTBHAI NARSINHBHAI PATEL & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SK PATEL(654) for the Appellant(s) No. 1,2
MR.RAHUL DAVE, AGP for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 12/11/2025
ORAL JUDGMENT
1. The present appeals are filed by the claimants under section 96 of the Civil Procedure Code, 1908 against the common judgment and award dated 25.04.2013 passed Page 1 of 7 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Sat Nov 15 2025 Downloaded on : Mon Nov 17 21:51:02 IST 2025 NEUTRAL CITATION C/FA/295/2020 JUDGMENT DATED: 12/11/2025 undefined by the learned Principal Senior Civil Judge, Modasa in learned Reference Cases No.476 of 2010 to 486 of 2010 (Old Reference Cases No. 435/2006 to 445/2006) whereby, the learned Reference Court has awarded additional amount of the compensation at the rate of Rs.8,000/- per ARE (Rs.80/- per sq.mtr.) with consequential benefits to the claimants. The notification under section 4 in respect of the land under the acquisition pertaining to village Fatepura was issued by the government on 06.10.2004 and under section 6 of the Land Acquisition Act which was published on 25.03.2005. The Special Land Acquisition Officer has awarded amount of Rs.6/- per sq.mtr. vide award dated 13.05.2005, which was challenged before the learned Reference Court by filing Land Reference Case by the claimant and at the end, compensation of Rs.80/- was awarded, which is subject matter of challenge before this Court.
2. Heard learned advocate Mr.S.K.Patel for the appellants and learned AGP Mr.Rahul Dave for the State. 2.1. It is submitted by learned advocate Mr.S.K.Patel that claim of Rs.250/- per sq.mtr. was made before the Page 2 of 7 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Sat Nov 15 2025 Downloaded on : Mon Nov 17 21:51:02 IST 2025 NEUTRAL CITATION C/FA/295/2020 JUDGMENT DATED: 12/11/2025 undefined Reference Court however, relying on the land acquisition compensation of village Ranechi and Radodra which is at a distance of 3 to 4 kms consequently, the Learned Court has granted compensation. Learned advocate Mr.S.K.Patel submits that the other village in which land acquisition proceedings were proceeded for the same project i.e Sujalam Sufalam of spreading canal of village Ankodia, as well as Alva wherein, the compensation which was awarded was on much higher side. Learned advocate Mr.S.K.Patel submits that by not awarding compensation at the same rate, learned Reference Court has committed error and therefore, impugned award deserves to be interfered with. Learned advocate Mr.S.K.Patel further submits that government has accepted the award pertaining to village Ankodia as well as village Alva and therefore, also impugned award deserves to be set aside and compensation is required to be enhanced.
2.2. Per contra, learned AGP Mr.Rahul Dave submits that learned Reference Court is justified in relying upon the acquisition award of village Ranechi and Radodra and Page 3 of 7 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Sat Nov 15 2025 Downloaded on : Mon Nov 17 21:51:02 IST 2025 NEUTRAL CITATION C/FA/295/2020 JUDGMENT DATED: 12/11/2025 undefined granting compensation at the rate of Rs.80/-per sq.mtr., therefore, no interference is required and these appeals are required to be dismissed.
3. Having considered the submissions advanced by learned advocates for the respective parties and on referring the reasons assigned by learned Reference Court, it emerges that the acquisition proceedings pertaining to village Fatepura was initiated wherein, the notification under section 4 was issued on 06.10.2004 and notification under section 6 was issued on 25.03.2005. Learned Acquisition Officer has passed the award under section 11 of the Land Acquisition Act, granting compensation at the rate of Rs.6/- per sq.mtr. which was challenged by the learned Reference Court. While determining the market value of acquiring the land, Learned Court has relied on the Land Acquisition Case Nos.553 of 2010 to 572 of 2010, pertaining to village Radodra, Tal-Bayad which was also acquired for the same purpose i.e Sujalam-Sufalam project of spreading canal wherein, learned Land Acquisition Officer granted Rs.700/- per ARE for the irrigation land which was enhanced by the learned Reference Court at the rate of Page 4 of 7 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Sat Nov 15 2025 Downloaded on : Mon Nov 17 21:51:02 IST 2025 NEUTRAL CITATION C/FA/295/2020 JUDGMENT DATED: 12/11/2025 undefined Rs.8,000/- per ARE. Another land Acquisition Case nos. 698 of 2010 to 702 of 2010 were also relied by the learned Reference Court which were pertaining to village Ranechi, Tal- Bayad wherein, the award passed by learned Land Acquisition Officer was enhanced by the learned Reference Court by granting compensation at the rate of Rs.8,000/- per ARE.
3.1. From the reasons assigned by the learned Reference Court, it emerges that as per the deposition of the witness, distance of the village Radodra and Ranechi is stated to be of 3-4 kms. The submissions made by the learned advocate Mr.S.K.Patel that Alva village which is at the distance of less than 1 km village as well as for Ankodia village which is also the same distance wherein, learned Court has awarded compensation by assessing the market value of Rs.308/- per sq.mtr. The same contention has not been disputed by the learned AGP Rahul Dave with regard to the distance. 3.2. On referring the order of the Reference Court pertaining to village Alva, it emerges that in that case, date of notification under section 4 is of 06.05.2005. This Court has also referred the decision rendered in the Page 5 of 7 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Sat Nov 15 2025 Downloaded on : Mon Nov 17 21:51:02 IST 2025 NEUTRAL CITATION C/FA/295/2020 JUDGMENT DATED: 12/11/2025 undefined Land Reference Case pertaining to village Ankodia wherein, date of notification under section 4 is 11.03.2006. Relying on the said references, this Court in the First Appeal No.3305/2018 has awarded the compensation by assessing the market value of Rs.308.25 per sq.mtr. Wherein, date of notification under section 4 was of 06.10.2004. As in the instant case also notification is of the year 2004 therefore, in the opinion of this Court, ends of justice would meet if the directions were issued to the respondent to grant total amount of compensation at the rate of Rs.308.25 per sq.mtr.
4. In view of the above, these appeals are allowed. The judgment and award passed by the learned Reference Court is modified to the extent that the appellants are entitled to get Rs.228.25 per sq.mtr. as additional amount of compensation over and above the amount awarded by Special Land Acquisition Officer as well as learned Reference Court. Other observation of the Reference Court for benefits provided under the Act remain intact. The respondents shall deposit the additional amount of compensation with consequential Page 6 of 7 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Sat Nov 15 2025 Downloaded on : Mon Nov 17 21:51:02 IST 2025 NEUTRAL CITATION C/FA/295/2020 JUDGMENT DATED: 12/11/2025 undefined benefits before the learned Reference Court within period of eight weeks from the date of the order. On deposit of the amount, the same shall be disbursed in favour of the appellants / claimants, after deducting the difference of the court fees, if any, through RTGS/NEFT and the bank account details shall be furnished by the counsel for the appellants / claimants to the Registry of the concerned Reference Court. The decree be drawn accordingly. Record and Proceedings be sent to the concerned Reference Court forthwith.
5. Learned advocate Mr.S.K.Patel has fairly pointed out to the Court that at the time of admission of the appeal, this Court has taken undertaking of the claimant not to claim the interest for the delay period. In view of the same, no interest is granted for the period from the date order of the learned Reference Court till the date of filing of appeal.
6. In view of the above, the present appeals deserves to be partly allowed.
7. Resultantly, these appeals are partly allowed.
(M. K. THAKKER,J) ARCHANA S. PILLAI Page 7 of 7 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Sat Nov 15 2025 Downloaded on : Mon Nov 17 21:51:02 IST 2025