Gujarat High Court
General Project Manager Ahmd. Project vs Rabari Taljabhai Ogharbhai ... on 24 November, 2025
NEUTRAL CITATION
C/FA/1612/2009 JUDGMENT DATED: 24/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1612 of 2009
With
R/FIRST APPEAL NO. 1613 of 2009
With
R/FIRST APPEAL NO. 1614 of 2009
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GENERAL PROJECT MANAGER AHMD. PROJECT
Versus
RABARI TALJABHAI OGHARBHAI DECD.THROUGH THE LRS & ORS.
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Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
ADVOCATE NOTICE SERVED for the Defendant(s) No. 1.1,1.2
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Defendant(s) No. 1
GOVERNMENT PLEADER for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 24/11/2025
COMMON ORAL JUDGMENT
1. Present appeals are filed by the appellant - O.N.G.C. under Section 54 of the Land Acquisition Act r/w Section 96 of the Code of Civil Procedure challenging the judgment and award dated 16.05.2008 passed in L.A.R. Nos. 5371, 5372 and 5385 of 2003 by the 5th Additional Senior Civil Judge, Mehsana (hereinafter referred to as the "Reference Court"). The Reference Court has partly allowed the said Reference and awarded compensation of Page 1 of 8 Uploaded by MUSKAN AJAY MENON(HC02359) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:43:28 IST 2025 NEUTRAL CITATION C/FA/1612/2009 JUDGMENT DATED: 24/11/2025 undefined Rs.108/- per Sq. Mtr. over and above the amount of compensation of Rs.17/- already awarded by the Special Land Acquisition Officer.
2. The facts in brief are that the lands situated at village Merda, Tal. Kadi, Dist. Mehsana were acquired for the purpose of Drilling No. JRFN by the appellant - O.N.G.C. For L.A.R. Nos. 5371, 5372 and 5385 of 2003. Notification under Section 4 of the Act was published on 28.08.1999 and under Section 6 was published on 18.06.2000. The Land Acquisition Officer, after issuing notice to the claimants and after hearing the claimants and considering the evidence led by the claimants has passed an award dated 17.09.2001 awarding compensation at the rate of Rs.17.00 per Sq. Mtr. Being aggrieved and dissatisfied with the award of the Land Acquisition Officer, the claimants filed reference proceedings claiming compensation at the rate of Rs.125.00 per Sq. Mtr. 2.1 After considering the relevant materials and after considering the oral as well as the documentary evidence, the Reference Court partly allowed references and awarded Rs.108/- per Sq. Mtr. over Page 2 of 8 Uploaded by MUSKAN AJAY MENON(HC02359) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:43:28 IST 2025 NEUTRAL CITATION C/FA/1612/2009 JUDGMENT DATED: 24/11/2025 undefined and above, the compensation awarded by the Land Acquisition Officer.
2.2 Being aggrieved and dissatisfied with the impugned judgment and awards passed by the Reference Court the, appellant - O.N.G.C. has filed present First Appeals.
3. Heard learned advocate Mr. Ajay Mehta for the appellant and learned AGP Mr. Manohar Rahevar for the respondent No. 2.
4. Learned advocate for the appellant has submitted that the Reference Court has not considered the facts while determining the market value in its true and proper spirit. He has also submitted that the Division Bench of this Court, vide judgment and order dated 06.08.2015 passed in First Appeal No. 3531 of 2011 with Cross Objection No. 116 of 2012 with respect to the village Merda, has fixed the value at Rs. 44/- per Sq. Mtr. He has also submitted that the Reference Court has awarded a very high amount in present Appeals without considering the said fact. 4.1 Learned advocate for the appellant has referred to and relied Page 3 of 8 Uploaded by MUSKAN AJAY MENON(HC02359) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:43:28 IST 2025 NEUTRAL CITATION C/FA/1612/2009 JUDGMENT DATED: 24/11/2025 undefined upon the observations made by the Division Bench of this Court in paragraph No. 5 of the above referred judgment and order, which read as under:
"5. This court has gone through the documentary evidence placed on record alongwith the award of the reference court. The reference court has relied upon awards passed with respect of acquisition of lands of nearby villages. On basis of the said award, the reference court considered the compensation of around Rs. 69/- per sq. mt keeping in mind the notification under section 4 dated 05.04.2003 in that case. In the present case, the section 4 notification was issued on 31.12.1998. Considering the difference and time gap of around four years and four months and keeping the price at Rs. 69/- intact, we are of the view that the reference court ought to have arrived at compensation considering 40% decrease in price which comes to Rs. 44/- on the basis of reducing value method. Thus, the claimants are entitled to get Rs. 40/- per sq. mtr as additional compensation over and above Rs. 4/- per sq. mtr already granted by the Land Acquisition Officer." additional compensation over and above Rs. 4/- per sq. mtr already granted by the Land Acquisition Officer." 4.2 Learned advocate for the appellant has referred to and relied upon the decision of the coordinate bench of this Court dated 18.03.2024 passed in First Appeal Nos. 4044 of 2009 and allied matters and submitted that in the said decision, the learned Single Judge has considered the value of the land at Rs.75/- per Sq. Mtr. and therefore, present Appeals deserve to be allowed.
5. As against that, learned advocate for the respondents- claimants has submitted that the respondent original claimants have lost their lands way back in 1999 and since long they are fighting for the compensation. Referred and relied upon the Page 4 of 8 Uploaded by MUSKAN AJAY MENON(HC02359) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:43:28 IST 2025 NEUTRAL CITATION C/FA/1612/2009 JUDGMENT DATED: 24/11/2025 undefined decision of this Court dated 06.02.2013 passed in First Appeal Nos. 3682 of 2012 and allied matters, wherein the appellant corporation has accepted the award and entered into settlement with the respondents and submitted that now the corporation cannot take different stand, as the corporation has accepted the amount awarded by the Reference Court. He has also submitted that in another group of the references, for the same village Merda, the Reference Court has, vide judgment and award dated 06.08.2013 passed in L.A.R. Nos. 1746 and 1747 of 2009, after considering the earlier land reference cases and after considering the facts and submissions of both the sides, has awarded Rs.137/- per sq. mtr. meaning thereby, it is subsequent decision of the Reference Court. He has submitted that even in the another group of references for the same village Merda i.e. L.A.R. Nos. 1007 of 2013 and allied group of appeals, the Reference Court has awarded Rs.203.69 ps. per Sq. Mtr. vide judgment and award dated 06.02.2014, wherein the date of notification under Section 4 was of February 2009.
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NEUTRAL CITATION C/FA/1612/2009 JUDGMENT DATED: 24/11/2025 undefined 5.1 Learned advocate for the respondents- claimants has submitted that in another decision of the same village i.e. Merda under L.A.R. Nos. 1121 of 2011 and allied references, the Reference Court has awarded an additional amount of Rs.76.50 ps. per Sq. Mtr. and in reference case No. 5373 of 2000 for the same village, the Reference Court has awarded an amount of Rs.100/- per Sq. Mtr. and the same was also accepted by the corporation and not challenged further and therefore, under such circumstances, the present Appeals deserve to be dismissed, since the subsequent decision of the Reference Court, the amount was awarded on very higher side.
6. I have perused the materials available on record and relevant documents and considered the submission of learned advocates for the parties. Perused record and proceedings.
7. It appears that in present Appeals, the land acquisition reference cases were decided on 17.09.2001. Meaning thereby, all the subsequent awards passed by the reference are decided later on and therefore, the same were not produced before the Page 6 of 8 Uploaded by MUSKAN AJAY MENON(HC02359) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:43:28 IST 2025 NEUTRAL CITATION C/FA/1612/2009 JUDGMENT DATED: 24/11/2025 undefined Reference Court. All these subsequent events are required to be pointed out before the Reference Court but unfortunately, the decision in the present appeals is prior thereto and therefore, all these subsequent events are required to be produced before the concerned Reference Court, so that the Reference Court can decide the impugned references after considering all these materials including decision of this Court, which are subsequent to the effect.
8. In view of the above, it is appropriate to send the matters back to the concerned Reference Court for a fresh decision to be taken by the Reference Court, after considering all these facts.
9. Hence, present matters are remitted back to the Reference Court for fresh decision in the Reference Cases. It is open for all the concerned parties to raise all the contentions available in law and the same shall be decided by the Reference Court without influenced by earlier award. Since, the matter is of 1999 therefore, learned Reference Court shall decide the impugned references as expeditiously as possible and preferably within four months from Page 7 of 8 Uploaded by MUSKAN AJAY MENON(HC02359) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:43:28 IST 2025 NEUTRAL CITATION C/FA/1612/2009 JUDGMENT DATED: 24/11/2025 undefined the date of receipt of copy of present order. It is also observed that all the concerned parties shall cooperate to the concerned Reference Court and without taking any unnecessary adjournments, proceed with the matter in accordance with law. The Reference Court is also directed to decide the reference cases after considering all the relevant materials agitated before it. 9.1 The appellant has deposited the awarded amount of which, part is withdrawn by the claimants and remaining amount is lying in fixed deposit. Therefore, it is directed that the said amount will continue to remain in fixed deposit subject to final determination by the Reference Court pursuant to present order.
10. All these appeals are disposed of accordingly. The impugned judgment and awards dated 17.09.2001 passed in L.A.R. Nos.5371, 5372 and 5385 of 2003 by the Reference Court are hereby quashed and set aside. Direct service is permitted. Record and proceedings, if received, be sent back to the concerned Reference Court forthwith.
(D. M. DESAI,J) MUSKAN Page 8 of 8 Uploaded by MUSKAN AJAY MENON(HC02359) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:43:28 IST 2025