Gujarat High Court
Bhimshi Menshi Aher vs State Of Gujarat on 6 October, 2025
NEUTRAL CITATION
C/FA/2392/2025 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2392 of 2025
With
R/FIRST APPEAL NO. 2393 of 2025
With
R/FIRST APPEAL NO. 2394 of 2025
With
R/FIRST APPEAL NO. 2395 of 2025
With
R/FIRST APPEAL NO. 2396 of 2025
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BHIMSHI MENSHI AHER
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NITIN M AMIN(126) for the Appellant(s) No. 1
MR SANJAY M AMIN(130) for the Appellant(s) No. 1
MR RAHUL DAVE, MS DHARITRI PANCHOLI, AGP for the
Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 06/10/2025
ORAL ORDER
1. The present first appeals are filed under Section 54 of the Land Acquisition Act 1894, by the appellant - original claimant assailing the judgment and award dated 12.03.2018 passed by Additional Senior Civil Judge Junagadh, in Land Reference Case No.397 of 2016.
2. Heard learned advocate Mr. Nitin Amin for the appellant and learned Assistant Government Pleaders for the Defendant - Page 1 of 4 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Mon Oct 06 2025 Downloaded on : Tue Oct 07 02:11:39 IST 2025
NEUTRAL CITATION C/FA/2392/2025 ORDER DATED: 06/10/2025 undefined State.
3. Learned advocate for the appellant at the out set contended that the learned Reference Court has awarded compensation at the rate of Rs.16153.50/- for irrigated lands and Rs.12124.20/- for non-irrigated land. However, while preparing the scheduled attached to the award, the compensation of all the acquired lands is calculated as if, it is non-irrigated lands. Only on this limited question, the present appeal is filed. It is further contended that in the aforesaid background the matter may be remanded back to the learned Reference Court for the calculation of the compensation as per the nature of land i.e. irrigated land and non-irrigated land respectively.
4. Per contra, learned AGPs could not controvert the aforesaid error committed by learned Reference Court in awarding compensation.
5. Learned advocate for the parties are not inviting any Page 2 of 4 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Mon Oct 06 2025 Downloaded on : Tue Oct 07 02:11:39 IST 2025 NEUTRAL CITATION C/FA/2392/2025 ORDER DATED: 06/10/2025 undefined further order as the appeals are being remanded to the learned Reference Court to decide the aforesaid issue. A fresh in accordance with law and the evidence already adduced on record.
6. In view of the above facts and circumstances of the case it appears that learned Reference Court has committed an error by calculating the compensation of all the lands as non- irrigated lands. The record prevails that the land in question are irrigated lands and non-irrigated lands respectively. The calculation which is arrived at by learned Reference Court being faulty, the reference proceedings are remanded back to the learned Reference Court for determining the compensation as per the nature of respective lands. The learned Reference Court shall decide the compensation which land is irrigated land and which land is non-irrigated land and the exercise of calculation of compensation shall be done by learned Reference Court within the period of 6 months from the date of receipt Page 3 of 4 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Mon Oct 06 2025 Downloaded on : Tue Oct 07 02:11:39 IST 2025 NEUTRAL CITATION C/FA/2392/2025 ORDER DATED: 06/10/2025 undefined of the present order. The exercise shall be undertaken without any parties to lead further or fresh evidence. The learned Reference Court shall consider the evidence on record and decide the compensation strictly as per law.
7. The present First appeals are hereby allowed accordingly. Registry is directed to Record and Proceedings, if any, be sent back to the concerned Court, forthwith.
(D. M. DESAI,J) KKN Page 4 of 4 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Mon Oct 06 2025 Downloaded on : Tue Oct 07 02:11:39 IST 2025