Gujarat High Court
Heirs Of Chhaganbhai Pitambardas Patel vs Special Land Acquisition Officer on 3 October, 2025
NEUTRAL CITATION
C/FA/1670/2012 JUDGMENT DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1670 of 2012
With
R/FIRST APPEAL NO. 1671 of 2012
With
R/FIRST APPEAL NO. 1672 of 2012
With
R/FIRST APPEAL NO. 1673 of 2012
With
R/FIRST APPEAL NO. 1674 of 2012
With
R/FIRST APPEAL NO. 1675 of 2012
With
R/FIRST APPEAL NO. 1676 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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HEIRS OF CHHAGANBHAI PITAMBARDAS PATEL & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ORS.
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Appearance:
MR KM SHETH(838) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5
MS ROSHNI PATEL, ASST. GOVERNMENT PLEADER for the Defendant(s)
No. 1,3
ROHAN LAVKUMAR(9248) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 03/10/2025
COMMON ORAL JUDGMENT
1. All these appeals involve common questions on law and facts and therefore, they are disposed of by this common judgment treating the First Appeal No. 1670 of 2012 as lead matter.
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2. Present appeals are fled by the appellants - original claimants under Section 54 of the Land Acquisition Act, 1894 (hereinafter be referred to as "the Act") read with Section 96 of the Code of Civil Procedure Code, 1908 challenging the common judgement and award dated 26.07.2010 passed by the learned 2nd Additional Senior Civil Judge, Bharuch (hereinafter be referred to as "the Reference Court") in Land Acquisition Reference Nos. 2174 of 1998, 2175 of 1998, 2176 of 1998, 2181 of 1998, 2179 of 1998, 2178 of 1998 & 520 of 1999 respectively, whereby, the Reference Court has awarded Rs.12.75ps. per square meter, over-and-above the amount awarded by the Special Land Acquisition Officer, which comes to Rs.16/- per square meter.
3. In view of the fact that First Appeal No. 1670 of 2012 is treated as lead matter, facts mentioned in the said First Appeal are considered. It is the case of the appellant that for the purpose of construction of Kothiya Minor M-15 Canal under Narmada Yojna, the State Government acquired the lands of the appellant - original claimant situated at Village: Kothiya, Taluka: Vagra, District: Bharuch. That, notification under Section 4 of the Act was issued on 20.01.1996 and declaration under Section 6 of the Act was published on 15.06.1996 and ultimately, the Special Land Acquisition Officer declared the award on 21.04.1997 and awarded compensation at the rate of Rs.3.25ps. per square meter in LAQ Case No. 52 of 1996.
4. Being aggrieved, the appellants - original claimants, preferred the aforesaid LAR Cases under Section 18 of the Act for additional compensation of Rs.50/- per square meter. That, the respondents had filed their written statements denying all the allegations made in the References. That, after considering the pleadings of both the sides, Page 2 of 7 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Wed Oct 08 2025 Downloaded on : Wed Oct 08 22:34:25 IST 2025 NEUTRAL CITATION C/FA/1670/2012 JUDGMENT DATED: 03/10/2025 undefined the Reference Court had framed the issues at Exh.-7 referred in para- 5 and the same were answered in para-6. After considering the documentary as well as the oral evidence led before the Court, the judgment and award dated 26.07.2010 came to be passed by the learned Joint district Judge, Bharuch as aforesaid. This has aggrieved the appellants, have preferred the present appeals raising various grounds.
5. Heard Mr. K. M. Sheth, learned counsel appearing for the appellants, Ms. Roshni Patel, learned Assistant Government Pleader, appearing for respondent Nos.1 and 3 and Mr. Rohan Lavkumar, learned counsel appearing for the respondent No.2 - Sardar Sarovar Narmada Nigam Ltd.
6. Learned counsel Mr. Sheth has submitted that the impugned judgment and award passed by the Reference Court is erroneous, unjust and inadequate and without appreciation of the evidence led before it. He has submitted that though sufficient evidence was produced on record before the Reference Court, without considering the same and without referring them, the Reference Court has committed grave and serious error of law and on facts by awarding Rs.16/- per square meter. He has submitted that the award passed by the Reference Court in case of village Saykha, Ta. Vagra, Dist. Bharuch, which was challenged by the claimants before this Court and this Court has enhanced the amount of compensation awarded by the Reference Court, though the copy of the same were produced before the Reference Court, however, the Reference Court has not considered the same in its true and proper spirit while passing the impugned judgment and award and awarded Rs.16/- per square meter Page 3 of 7 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Wed Oct 08 2025 Downloaded on : Wed Oct 08 22:34:25 IST 2025 NEUTRAL CITATION C/FA/1670/2012 JUDGMENT DATED: 03/10/2025 undefined in the present village Kothiya, which is inadequate. He has further submitted that the lands of village Saykha and village Kothiya are having same fertility and nature in production and both are situated adjacent to each other, however, the Reference Court has failed to consider this aspect while passing the impugned judgment and award. He has further submitted that the decision in case of village Saykha produced at Exh.-12, wherein, the Reference Court has determined the market value of the lands at the rate of Rs.32.50ps. per square meter, against which, the claimants had preferred First Appeal Nos.2223 of 2009 to 2239 of 2009 before this Court and this Court has enhanced the amount of compensation to Rs.46.80ps. per square meter, however, the Reference Court has not considered the said aspect while passing the impugned judgment and award. He has submitted that the Reference Court has also failed to appreciate the fact that surrounding to village Kothiya, there are several amenities available as well as the lands of village Kothiya is in a situation where there are industrial developments are growing fast and therefore, considering the potentiality and development of the present village Kothiya, the Reference Court ought to have awarded just and adequate amount of compensation, however, without considering the same, the Reference Court has passed the impugned judgment and award, which erroneous, illegal and unjust. He has submitted that the appellants have also produced relevant evidence relating to village Saran, wherein, the market value of the land was determined by the Reference Court on the basis of the Market Committee Evaluation Report and awarded an amount of Rs.40.90ps. per square meter, which was challenged by the respondents before this Court by way of filing First Appeal Nos.896 of 2007 to 907 of 2007, wherein, this Court has dismissed the appeals and confirmed the award passed by the Page 4 of 7 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Wed Oct 08 2025 Downloaded on : Wed Oct 08 22:34:25 IST 2025 NEUTRAL CITATION C/FA/1670/2012 JUDGMENT DATED: 03/10/2025 undefined Reference Court. Lastly, learned counsel Mr. Sheth has submitted that today, in group of First Appeal Nos. 743 of 2013 to 749 of 2013 pertaining to same village Kothiya, this Court has partly allowed the said First Appeals and awarded additional compensation at the rate of Rs.26.75ps. per square meter in favour of the claimants taking into consideration the decisions of this Court and therefore, learned counsel Mr. Sheth has urged that in view of the aforesaid facts, the impugned judgment and award be appropriately modified and the appeals be allowed to that extent.
7. Per contra, learned AGP Ms. Patel and learned counsel Mr. Rohan Lavkumar, appearing for the respective respondents, have strongly objected the present appeals and submitted that the decisions referred and relied upon by the learned counsel Mr. Sheth are not at all applicable to the facts of the present case and therefore, the Reference Court has not committed any error while awarding an amount of compensation and there is no any illegality or any infirmity committed by the Reference Court in passing the impugned judgment and award. It is submitted that the Reference Court, after appreciating the evidence and after considering the earlier judgments in case of nearby villages, has awarded the amount of compensation, which is just and adequate and no further enhancement is required to be granted and therefore, the impugned judgment and award passed by the Reference Court is in consonance with the settled principles of law and no interference is required to be called for in the present appeals and the present appeals be dismissed. However, both the counsels have unable to controvert the judgments passed by this Court enhancing the amount of compensation awarded by the Reference Court and submitted that appropriate orders may be Page 5 of 7 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Wed Oct 08 2025 Downloaded on : Wed Oct 08 22:34:25 IST 2025 NEUTRAL CITATION C/FA/1670/2012 JUDGMENT DATED: 03/10/2025 undefined passed.
8. I have heard the learned counsel appearing for the respective parties and perused the material placed on record. I have also gone through the impugned judgment and award passed by the Reference Court. It appears from the record that, in case of village Saykha pertaining to same taluka Vagra and district Bharuch, where the lands of the present appellants are situated, for the self same acquisition, the Reference Court had awarded compensation of Rs.32.50ps. per square meter, which was challenged by the claimants before this Court by way of preferring First Appeal Nos.2223 of 2009 to 2239 of 2009, wherein this Court has enhanced the amount of compensation from Rs.32.50ps. to Rs.46.80ps. per square meter. I have also considered the decision in case of village Saran, wherein, the market value of the land was determined by the Reference Court on the basis of the Market Committee Evaluation Report and awarded an amount of Rs.40.90ps. per square meter, which was challenged by the respondents before this Court by way of filing First Appeal Nos.896 of 2007 to 907 of 2007, wherein, this Court has dismissed the appeals and confirmed the award passed by the Reference Court, and particularly, this Court has determined the additional amount of compensation at the rate of Rs.26.75ps. per square meter in First Appeal No.743 of 2013 and other allied matters, pertaining to the same village i.e. village Kothiya wherein, the lands were acquired for the same purpose and the notification under Section 4 of the Act is also same i.e. 20.01.1996, this Court is of the opinion that the appeals require consideration and the impugned judgment and award passed by the Reference Court deserves to be modified to the extent that the appellants are entitled to get an additional amount at the rate of Page 6 of 7 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Wed Oct 08 2025 Downloaded on : Wed Oct 08 22:34:25 IST 2025 NEUTRAL CITATION C/FA/1670/2012 JUDGMENT DATED: 03/10/2025 undefined Rs.26.75ps. per square meter, over and above the amount awarded by the Special Land Acquisition Officer and the Reference Court.
9. Resultantly, following final order is passed:-
All the first appeals are hereby allowed. The appellants - claimants of these appeals shall be entitled to get additional amount of compensation at the rate of Rs.26.75ps. per square meter, over and above the amount of Rs.3.25ps. per square meter awarded by the Special Land Acquisition Officer and Rs.12.75ps. per square meter awarded by the Reference Court, Bharuch. The respondents shall deposit additional amount of compensation with statutory benefits before the Reference Court within a period of eight weeks from the date of receipt of the order. On deposit of the amount, the same shall be disbursed in favour of each claimant, through RTGS / NEFT and the bank account details shall be furnished by the counsel for the claimants to the Registry of the Reference Court, Bharuch. Other observations of the Reference Court for statutory benefits provided under the Act shall remain intact. Decree be drawn accordingly. Record and proceedings be sent back to the concerned Reference Court forthwith.
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