Gujarat High Court
Group General Manager Oil & Natural Gas ... vs Popatbhai Gandalal Patel on 24 November, 2025
NEUTRAL CITATION
C/FA/5086/2008 JUDGMENT DATED: 24/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5086 of 2008
With
R/FIRST APPEAL NO. 5087 of 2008
With
R/FIRST APPEAL NO. 5088 of 2008
With
R/FIRST APPEAL NO. 5089 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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GROUP GENERAL MANAGER OIL & NATURAL GAS CORPORATION, LTD
Versus
POPATBHAI GANDALAL PATEL & ANR.
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Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
MR. KISHAN H DAIYA(6929) 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 : 24/11/2025
COMMON ORAL JUDGMENT
1. The present First Appeals are filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') by the appellants-original opponent No.2 in the respective First Appeals challenging the common judgment and award dated 10.03.2008 passed in Land Acquisition Page 1 of 7 Uploaded by RINKU MALI(HC01574) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:06:36 IST 2025 NEUTRAL CITATION C/FA/5086/2008 JUDGMENT DATED: 24/11/2025 undefined Reference Case Nos.4877 to 4880 of 2003 respectively by the learned 9th Additional Senior Civil Judge, Mehsana.
2. Heard learned advocate Mr. Ajay R. Mehta for the appellants, learned advocate Mr. Kishan H. Daiya for the respondent No.1 and learned AGP Mr. Manohar Rahevar for the respondent No.2.
3. The brief facts of the case are as under:-
3.1. The lands in question situated at village Adhraj, Taluka-
Kadi, District-Mehsana were acquired for the purpose of drilling No.ONGC Project JRFK. Notification under Section 4 of the Act was published on 16.11.1995. Notification under Section 6 of the Act was published on 13.09.1996. The Land Acquisition Officer after considering the evidence awarded compensation @ Rs.12/- per square metres on 11.09.1998. The said award came to be assailed under Section 18 of the Act before the learned Reference Court by claiming Page 2 of 7 Uploaded by RINKU MALI(HC01574) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:06:36 IST 2025 NEUTRAL CITATION C/FA/5086/2008 JUDGMENT DATED: 24/11/2025 undefined compensation @ Rs.100/- per square metres. After considering the evidence on record, learned Reference Court awarded additional compensation at Rs.74/- per square metres (Total compensation Rs.86/- per square metres). 3.2. Being aggrieved and dissatisfied with the assessment of compensation, appellants have filed the present First Appeals.
4. At the outset, learned advocate for the appellants has placed on record the copy of decision dated 18.03.2024 passed in First Appeal No.4044 of 2009 and allied matters by this Court, which pertains to village Medadraj which is the same village for which the reference proceedings have been decided. It is contended that by refering decision dated 03.08.2015 in the case of Group General Manager V/s. Govindbhai Nanjibhai Patel passed in First Appeal No.388 of 2010 by the Division Bench of this Court, the market value of the lands in question at Rs.75/- per square metres (Rs.22/- per square metres + Rs.53/- per square metres) was determined. It Page 3 of 7 Uploaded by RINKU MALI(HC01574) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:06:36 IST 2025 NEUTRAL CITATION C/FA/5086/2008 JUDGMENT DATED: 24/11/2025 undefined is further contended that Notification under Section 4 of the Act was published on 21.04.1999 so far as the lands involved in First Appeal No.4044 of 2009 and allied matters. Whereas in the present case, Notification under Section 4 of the Act was published on 16.11.1995. Therefore, the difference between date of both Notifications is 3 years 4 months and 19 days. Since the difference in the dates of Notifications is merely 3 years 4 months and 19 days, the deduction in the market value @10% per year is required to be considered and therefore the market value of the lands in question so far as the present First Appeals are concerned would come to Rs.52.50/- per square metres. Except above, no other submissions are canvassed by learned advocate for the appellants.
5. Per contra, learned advocate for the respondents could not contradict the aforesaid position.
6. I have considered the submissions made by learned advocates for the respective parties and perused Record and Page 4 of 7 Uploaded by RINKU MALI(HC01574) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:06:36 IST 2025 NEUTRAL CITATION C/FA/5086/2008 JUDGMENT DATED: 24/11/2025 undefined Proceedings. It appears that the lands of respondent No.1- original claimant was acquired for the purpose of drilling of ONGC Project. Notification under Section 4 of the Act was published on 16.11.1995. The decision dated 18.03.2024 which has been relied upon by learned advocate for the appellants in First Appeal No.4044 of 2009 and allied matters passed by this Court pertains to the same village. The only difference is in the issuance of the date of notification. In the present case, the date of Notification under Section 4 of the Act is 16.11.1995. Whereas in the case before this Court in First Appeal No.4044 of 2009 and allied matters, the date of Notification under Section 4 was published on 21.04.1999. Thus, the difference between the two notifications is 3 years 4 months and 19 days. Since the purpose of acquisition in all the matters is same and the evidence which was led before the learned Reference Court was also similar. The market value of the lands in question in the present appeals is required to be Page 5 of 7 Uploaded by RINKU MALI(HC01574) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:06:36 IST 2025 NEUTRAL CITATION C/FA/5086/2008 JUDGMENT DATED: 24/11/2025 undefined considered accordingly. The market value of the lands in question is determined at Rs.52.50/- (total compensation at Rs.12/- per square metre + Rs.40.50/- per square metres = Rs.52.50/-). Therefore, the additional compensation is required to be ordered at Rs.40.50/- per square metre.
7. In view of the above decision, the market value of the lands in question is assessed at Rs.52.50/- per square metre. The Land Acquisition Officer has awarded compensation to the original claimants at Rs.12/- per square metre. Hence, the enhanced compensation would be Rs.40.50/- per square metre.
8. So far as the interest part is concerned, the judgment and award is modified. The original claimants shall be entitled to interest from the date of award dated 11.09.1998, which is date of the award passed under Section 11 of the said Act.
9. In view of the above stated decisions, the First Appeals are partly allowed. Accordingly, claimants are entitled to Page 6 of 7 Uploaded by RINKU MALI(HC01574) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:06:36 IST 2025 NEUTRAL CITATION C/FA/5086/2008 JUDGMENT DATED: 24/11/2025 undefined additional compensation of Rs.40.50/- per square metres with all statutory benefits as observed above.
10. The excess amount, which has been deposited by the appellant before the learned Reference Court, shall be refunded back to the appellant by the learned Reference Court after due verification and following due process.
11. Record and Proceedings, if any, be sent back to the concerned Court / Tribunal forthwith.
(D. M. DESAI,J) RINKU MALI Page 7 of 7 Uploaded by RINKU MALI(HC01574) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:06:36 IST 2025