Gujarat High Court
Himmatbhai Velabhai Since Deceased ... vs Spl. Laq Officer on 10 October, 2025
NEUTRAL CITATION
C/FA/186/2009 JUDGMENT DATED: 10/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 186 of 2009
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
✓
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HIMMATBHAI VELABHAI SINCE DECEASED THROUGH HIS LEGAL
HEIRS & ORS.
Versus
SPL. LAQ OFFICER & ANR.
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Appellant(s) No. 1
MS ARCHANA AMIN FOR MR YH MOTIRAMANI(3720) for the Appellant(s)
No. 1
MS ROSHNI PATEL AGP for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 10/10/2025
ORAL JUDGMENT
1. Present appeal is fled by the appellant - original claimant 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 30.09.2006 passed by the learned 4th Additional Senior Page 1 of 7 Uploaded by SURESH SOLANKI(HC00208) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 00:05:25 IST 2025 NEUTRAL CITATION C/FA/186/2009 JUDGMENT DATED: 10/10/2025 undefined Civil Judge, Bhavnagar (hereinafter be referred to as "the Reference Court") in Land Reference Case Nos. 42 of 1998, 28 to 41 of 1998, 43 of 1998 and 44 of 1998 (present appeal pertains to Land Reference Case No. 36 of 1998) respectively, whereby, the Reference Court has awarded Rs.13/- per square meter, over-and-above the amount awarded by the Special Land Acquisition Officer.
2. The facts giving rise to present appeal are that for the purpose of irrigation scheme of Narmada Sinchai Yojna, the State Government acquired the lands of the appellant - original claimant situated at Village: Lathidad, Taluka: Botad, District: Bhavnagar. That, notification under Section 4 of the Act was issued on 17.04.1995 and declaration under Section 6 of the Act was published on 23.11.1995 and ultimately, the Special Land Acquisition Officer declared the award on 03.07.1997 and awarded compensation at the rate of Rs.1.40ps. per square meter for non-irrigated land and Rs.2.10ps. per square meter for irrigated land in LAQ Case No. 230 of 1995.
2.1 Being aggrieved, the appellant - original claimant, preferred the Land Acquisition Reference Case No.30 of 1998 along with other claimants under Section 18 of the Act for additional amount of compensation. That, the respondents had filed their written statements denying all the allegations made in the References. That, after Page 2 of 7 Uploaded by SURESH SOLANKI(HC00208) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 00:05:25 IST 2025 NEUTRAL CITATION C/FA/186/2009 JUDGMENT DATED: 10/10/2025 undefined considering the pleadings of both the sides, the Reference Court had framed the issues and after considering the documentary as well as the oral evidence led before the Court, the judgment and award dated 30.09.2006 came to be passed by the learned 4 th Additional Senior Civil Judge, Bhavnagar as aforesaid. Being aggrieved the appellant, has preferred the present appeal raising various grounds.
3. Heard Ms. Archana U. Amin, learned counsel for Mr. Y.H. Motiramani, learned counsel appearing for the appellant, Ms. Roshni Patel, learned Assistant Government Pleader, appearing for respondent No.1.
4. Ms. Amin, learned counsel has submitted that the impugned judgment and award passed by the Reference Court is contrary to law and evidence on record. She has submitted that the Reference Court has failed to appreciate the fact that the land in question was a fruitful land and tremendous loss is caused to the appellant by its acquisition by the State Government. She has submitted that the appellant was earning their livelihood in the land in question and, therefore, the amount arrived at by the Reference Court is very meager and small amount. She has submitted that the appellant was harvesting number of crops during one year from the land in question, however, this aspect was not considered by the Reference Court while passing the impugned judgment and award.
Page 3 of 7 Uploaded by SURESH SOLANKI(HC00208) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 00:05:25 IST 2025NEUTRAL CITATION C/FA/186/2009 JUDGMENT DATED: 10/10/2025 undefined She has submitted that the Reference Court has not considered various revenue records like Form 7/12 etc. for consideration of the fruitfulness of the land in question and the deposition given by various witnesses in its true and proper perspective while passing the impugned judgment and award and awarded only Rs.13/- per square meter, which is unjust and inadequate. She has submitted that the Reference Court has not considered the market value of the land in question and the similar sale instances in its proper perspective while passing the impugned judgment and award. She has submitted that the Reference Court ought to have awarded at least Rs.50/- per square meter considering the evidence on record. Over and above the grounds agitated in the memo of appeal, learned counsel Ms. Amin has urged that in view of the aforesaid facts, the impugned judgment and award be appropriately modified and the appeal be allowed to that extent.
5. Per contra, Ms. Roshini Patel, learned AGP appearing for the respondent No.1, has strongly objected the present appeal and submitted that the Reference Court, after considering the oral as well as the documentary evidence and after considering the material produced before it, has rightly passed the impugned judgment and award and there is no any illegality or any irregularity committed by the Reference Court while Page 4 of 7 Uploaded by SURESH SOLANKI(HC00208) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 00:05:25 IST 2025 NEUTRAL CITATION C/FA/186/2009 JUDGMENT DATED: 10/10/2025 undefined passing the impugned judgment and award. However, she has fairly submitted before this Court that the award dated 29.09.2018 passed by the Reference Court in LAR Case Nos.7 of 1999 to 20 of 1999 pertaining to same village Lathidad, Ta. Botad, Dist. Bhavnagar, wherein an amount of Rs.47/- per square meter has been awarded, has been accepted by the respondents and the same is not challenged further and the same has attained finality. It is submitted that therefore, similar amount of compensation, as awarded in aforesaid LAR cases, is required to be awarded in the present case and the learned AGP urged that appropriate orders may be passed.
6. 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. On perusal of the award dated 29.09.2018 passed by the Reference Court in LAR Case Nos.7 of 1999 to 20 of 1999 pertaining to same village Lathidad, Ta. Botad, Dist. Bhavnagar, it appears that the lands in the said cases were acquired for the same purpose by issuing notification under Section 4 on 12.06.1995, whereas, in the present case, notification under Section 4 was issued on 17.04.1995, so there was a gap of only 2 months in issuance of both the notifications. Considering all these aspects, this Court is of the opinion Page 5 of 7 Uploaded by SURESH SOLANKI(HC00208) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 00:05:25 IST 2025 NEUTRAL CITATION C/FA/186/2009 JUDGMENT DATED: 10/10/2025 undefined that the appeal requires consideration and the impugned judgment and award deserves to be modified to the extent that the appellant is entitled to an amount of Rs.47/- per square meter taking into consideration the award dated 29.09.2018 passed in LAR Case Nos.7 of 1999 to 20 of 1999.
7. Resultantly, following final order is passed:-
It appears that the original appellant-claimant died during the pendency of the appeal and his legal heirs were brought on record in the First Appeal by the Coordinate Bench of this Court vide order dated
08.07.2024. Therefore, the additional amount of compensation is required to be paid to the legal heirs of the original appellant-claimant.
For the foregoing reasons, present First Appeal is hereby allowed. The legal heirs of the deceased appellant shall be entitled to get Rs.30.50ps. per square meter in addition to the amount of Rs.3.50ps. (1.40 + 2.10) per square meter awarded by the Special Land Acquisition Officer and Rs.13/- per square meter awarded by the Reference Court, Bhavnagar, the total amount comes to Rs.47/- per square meter. 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 Page 6 of 7 Uploaded by SURESH SOLANKI(HC00208) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 00:05:25 IST 2025 NEUTRAL CITATION C/FA/186/2009 JUDGMENT DATED: 10/10/2025 undefined disbursed in favour of legal heirs of the deceased- claimant through RTGS / NEFT and the bank account details shall be furnished by the counsel for the appellant to the Registry of the Reference Court, Bhavnagar. 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.
Sd/-
(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Page 7 of 7 Uploaded by SURESH SOLANKI(HC00208) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 00:05:25 IST 2025