Gujarat High Court
Lh Of Decd Bhangi Dahyabhai Trikam vs State Of Gujarat on 6 October, 2025
NEUTRAL CITATION
C/FA/3933/2024 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3933 of 2024
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LH OF DECD BHANGI DAHYABHAI TRIKAM & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RAKESH R PATEL(3239) for the Appellant(s) No.
1,1.1,1.1.1,1.1.2,1.1.3,1.1.4,1.2,1.3,2,2.1
MR RAHUL DAVE, AGP for the Defendant(s) No. 1
MR PARV S GUPTA(11850) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 06/10/2025
ORAL ORDER
1. The present First Appeal is filed under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code, 1908 challenging the impugned judgment and award dated 03.10.2013 by learned 3rd Additional Senior Civil Judge, Palanpur, passed in Land Acquisition Reference Case No.587 of 1999 (common order in LAR Nos.565 of 1999 to 589 of 1999).
2. Heard learned advocate Mr. Rakesh Patel for the appellants, learned Assistant Government Pleader Mr. Rahul Dave for respondent No.1 and learned advocate Mr. Parv S. Gupta for respondent No.2.
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3. The lands of the claimants situated at Village Nokha, Taluka Deodar, District Banaskantha was acquired for the purpose of construction of Canal in Narmada Project by the acquiring body. Notification under Section 4 of the Act was published on 04.12.1996 and notification under Section 6 of the Act was published on 29.03.1997. The Land Acquisition Officer awarded compensation of Rs.2.05/- per square metre under Section 11 of the Act on 19.04.1999. Being aggrieved and dissatisfied by the award passed under Section 11 of the Act, claimants preferred Reference Cases under Section 11 of the Act. After considering the evidence and material available on record, the learned Reference Court while deciding the impugned judgment and award dated 02.12.2013, awarded additional compensation of Rs.22.20/- per square metre (Rs.22.20 paisa less Rs.2.05 paisa = Rs.20.15 paisa). Being aggrieved and dissatisfied with the impugned judgment and award, appellants-claimants have filed present appeal for enhancement of compensation.
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4. Learned advocate for the appellant has submitted that the land of village Nokha was acquired on 04.12.1996 by a notification under Section 4 of the Act. First Appeals filed by other claimants being First Appeal No.523 of 2018 and allied matters also pertain to the same notification and same village, Nokha, wherein by a common oral order dated 01.08.2023, Co- ordinate Bench of this Court has partly allowed the appeals of the claimants and awarded additional compensation of Rs.58.85 paisa per square metre over and above the compensation awarded by learned Reference Court. A copy of the order is placed on record and the same is taken on record. It is further submitted that First Appeal No.1841 of 2023 which is arising out of LAR No.572 of 1999 and the date of notification under Section 4 of the Act in the said appeal and in the present First Appeal is 04.12.1996. The purpose of acquisition under the said appeal is the same as that of the present First Appeal. A copy of order dated 15.06.2023 passed by Co-ordinate Bench of this Court in aforesaid First Appeal is placed on record which is Page 3 of 6 Uploaded by RINKU MALI(HC01574) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 21:35:57 IST 2025 NEUTRAL CITATION C/FA/3933/2024 ORDER DATED: 06/10/2025 undefined taken on record. It is further contended that the additional compensation which has been awarded by Co-ordinate Bench of this Court in First Appeal No.1841 of 2023 and First Appeal Nos.523 of 2018 and allied matters dated 15.06.2023 and 01.08.2023 respectively be considered as additional compensation in the present First Appeal and the impugned award be modified accordingly.
5. Per contra, learned advocate for the respective respondents could not contradict the aforesaid factual position placed on record.
6. Considering the peculiar set of facts and more particularly, considering an undisputed fact that First Appeal Nos.523 of 2018 and allied matters and First Appeal No.1841 of 2023 pertains to the same village-Nokha. The purpose of acquisition in the aforesaid First Appeals as well as in the present First Appeal is the same. In First Appeal No.1841 of 2023 and in the present First Appeal, date of notification under Section 4 is Page 4 of 6 Uploaded by RINKU MALI(HC01574) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 21:35:57 IST 2025 NEUTRAL CITATION C/FA/3933/2024 ORDER DATED: 06/10/2025 undefined 04.12.1996. In the decision of First Appeal Nos.523 of 2018 and allied matters, the date of notification under Section 4 of the Act is 22.01.1997. Since the issues are akin in each of the matters, the present appeal is decided in the same line. The Co-ordinate Bench of this Court in deciding the First Appeal No.1841 of 2023 has considered the judgment of Co-ordinate Bench of this Court in First Appeal No.355 of 2023 dated 20.02.2023 and awarded additional compensation of Rs.58.85 paisa per square metre in favor of the claimants. Therefore, this Court is not delving into other aspects of the matter.
7. Considering the aforesaid aspects, the impugned judgment and award dated 03.10.2013 passed by learned 3 rd Additional Senior Civil Judge, Palanpur, passed in Land Acquisition Reference Case No.587 of 1999 is hereby modified. Claimants are entitled to additional compensation of Rs.58.85 paisa per square metre with all statutory benefits. The award be withdrawn accordingly. The additional compensation shall be Page 5 of 6 Uploaded by RINKU MALI(HC01574) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 21:35:57 IST 2025 NEUTRAL CITATION C/FA/3933/2024 ORDER DATED: 06/10/2025 undefined deposited by respondents within a period of six weeks from the date of receipt of this order. Once the additional compensation is deposited, learned Reference Court shall disburse the same to the claimants after appropriate verification. Rest of the directions issued by learned Reference Court shall remain unaltered. The First Appeal is partly allowed accordingly.
8. Record and Proceedings, if any, be sent back to the learned Reference Court forthwith.
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