Gujarat High Court
Deputy Collector vs Jerambhai Kurjibhai on 10 October, 2025
NEUTRAL CITATION
C/FA/2245/2025 ORDER DATED: 10/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2245 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/FIRST APPEAL NO. 2245 of 2025
With
R/FIRST APPEAL NO. 2246 of 2025
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DEPUTY COLLECTOR & ANR.
Versus
JERAMBHAI KURJIBHAI
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Appearance:
MR RAHUL DAVE, AGP for the Appellant(s) No. 1,2
MR KRUSHNAKANT D PATEL(10632) for the Defendant(s) No. 1
MR TEJAS P SATTA(3149) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 10/10/2025
COMMON ORAL ORDER
1. The captioned First Appeals are filed under Section 54 of the Land Acquisition Act, 1894 by appellant-original opponents assailing the judgment and award dated 18.08.2022 passed by learned 5th Additinal Senior Civil Judge, Jamnagar in Land Acquisition Reference Case Nos.51 and 52 of 2008 respectively.
2. Heard learned AGP Mr. Rahul Dave for appellants and learned advocate Mr. Tejas P Satta for the respondent.
3. With the consent and request of learned advocates for the parties, these matters are taken up for final hearing. Since the Page 1 of 6 Uploaded by RINKU MALI(HC01574) on Wed Oct 15 2025 Downloaded on : Wed Oct 15 22:40:01 IST 2025 NEUTRAL CITATION C/FA/2245/2025 ORDER DATED: 10/10/2025 undefined issue involved in the present First Appeals are common, therefore, the same are decided by this common order.
4. The brief facts of the case are as under:
5. The land situated at Village-Tarana Taluka, Jodiya, District-Jamnagar, bearing Revenue Survey No.57/p admeasuring 3450 square metres was acquired for the purpose of Aji-4 Irrigation Scheme by the Acquisition Authority. Notification under Section 4 of the Act was published on 16.03.2006. Notification under Section 6 of the Act was published on 07.09.2006. The Land Acquisition Officer after considering the evidence awarded Rs.5.50/- per sqaure metres as compensation. The award of Land Acquisition Officer was challeneged under Section 18 of the Act by the claimants. The learned Reference Court after considering the material, awarded Rs.73.11/- per square metres as compensation with statutory benefits. Being aggrieved and dissatisfied with the impugned judgment and award, the original opponents-appellants have filed the present First Appeals.
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6. Learned AGP contended that the learned Reference Court has awarded unreasonable compensation to the claimants. It is further contended that the claimants relied upon the judgment and award of Village Meghpar passed in LAR No.42 of 2006 to LAR No.66 of 2006, wherein, learned Reference Court has awarded Rs.55/- per square metres as compensation. It is further contended that the claimants have not produced any other evidence except placing reliance upon award passed in the Land Acquisition proceedings pertaining to Village Meghpar. The claimants have also failed to establish the potentiality and fertility of the land in question and in absence of any convincing and reliable evidence, learned Reference Court has awarded the higher amount of compensation. The Land Acquisition Officer has considered the material available on record and awarded just and reasonable compensation in favor of claimants. Except above, no other submissions are made by learned AGP for the appellants.
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7. Per contra, learned advocate for the claimant - respondents has supported the judgment and contended that the claimants relied upon the award passed in passed in LAR No.42 of 2006 to LAR No.66 of 2006 which pertains to Village Meghpar. However, appellant, in the proceedings before the learned Reference Court submitted judgment and award of Village-Tarana bearing LAR No.48 of 2008 to LAR No.50 of 2008, wehrein, learned Reference Court had awarded compensation to the land-losers @ Rs.73.11/- per square metres. The learned Reference Court has considered the well accepted method and manner. It is further contended that the reliance which has been placed upon by the learned Reference Court pertains to the same village and same notification. It is further contended that in the Reference Court proceedings bearing LAR Nos.48 to 50 of 2008, date of notification under Section 4 of the Act is 16.03.2006. Since the purpose and date of notification in the present appeal as well as in the case of LAR Nos.48 of 2008 to 50 of 2008 are same, the award is reasonable and no interence Page 4 of 6 Uploaded by RINKU MALI(HC01574) on Wed Oct 15 2025 Downloaded on : Wed Oct 15 22:40:01 IST 2025 NEUTRAL CITATION C/FA/2245/2025 ORDER DATED: 10/10/2025 undefined is required by this Court.
8. Considering the submissions made by learned advocates for the respective parties and on perusal of record and proceedings, it appears that the learned Reference Court has relied upon the judgment and award passed in LAR Nos.48 of 2008 to 50 of 2008 which pertains to Village-Tarana, Taluka- Jodiya. It also appears from the record that the date of notification under Section 4 in both the proceedings is same, even the purpose of acquisition is also the same. It is pertinent to observe that appellants before the learned Reference Court have relied upon the decision rendered in LAR Nos.48 of 2008 to 50 of 2008, wherein the learned Reference Court has awarded compensation @ Rs.73.11/- per square metres. Learned Reference Court has considered the said decision in ascertaining market value of acquired land. The method and manner which has been adopted by the learned Reference Court is well accepted principle by Hon'ble Supreme Court and the Page 5 of 6 Uploaded by RINKU MALI(HC01574) on Wed Oct 15 2025 Downloaded on : Wed Oct 15 22:40:01 IST 2025 NEUTRAL CITATION C/FA/2245/2025 ORDER DATED: 10/10/2025 undefined consideration of award passed in other reference proceedings is also accepted method as prvoided under the land Acquisition Act. Learned Reference Court has adopted the correct base for determining the market price of the land in question, I am of the view that the appeals lack merit and the same is required to be dismissed. Accordingly, First Appeals are dismissed. Connected Civil Application connected with the respective appeals is also disposed of.
9. Record and Proceedings, if any, be sent back to the learned Court / Tribunal below forthwith.
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