Gujarat High Court
Special Land Acquisition Officer vs Patel Ashokkumar Ambaram on 18 September, 2025
NEUTRAL CITATION
C/FA/2553/2010 JUDGMENT DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2553 of 2010
With
R/FIRST APPEAL NO. 2561 of 2010
With
R/FIRST APPEAL NO. 2562 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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SPECIAL LAND ACQUISITION OFFICER & ANR.
Versus
PATEL ASHOKKUMAR AMBARAM
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Appearance:
MS ROSHNI PATEL AGP for the Appellant(s) No. 1,2
J K GANDHI(7482) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 18/09/2025
ORAL JUDGMENT
1. By way of these appeals, the appellants have challenged the judgment and award dated 28.04.2008 passed by the learned Reference Court being learned Additional District Judge, Mehsana in LAR Nos.654 of 2007 to 663 of 2007 (main LAR No.654 of 2007) whereby the Reference Court has awarded Page 1 of 4 Uploaded by V.R. PANCHAL(HC00171) on Thu Sep 18 2025 Downloaded on : Fri Sep 19 00:18:54 IST 2025 NEUTRAL CITATION C/FA/2553/2010 JUDGMENT DATED: 18/09/2025 undefined Rs.76/- per square meter for the acquired land as an additional compensation over and above the compensation awarded by the Land Acquisition Officer together with other consequential benefits to the original claimants. Notification under Section 4 of the Land Acquisition Act, 1894 (for short "the Act") in respect of the lands under acquisition was issued on 22.09.2003 and declaration under Section 6 of the Act was published on 23.11.2004 in respect of the lands situated in Village:
Chandrasan, Taluka: Kadi, District: Mehsana for construction of Chandrasan Direct Minor Canal, Sanand Branch Canal under Narmada Yojana. The Special Land Acquisition Officer vide his award made under Section 11 of the Act on 23.1.2006 awarded Rs.6/- per square meter as compensation for acquired lands. Against such award, the respondents herein approached the Court seeking reference under Section 18 of the Act before the Reference Court.
2. Being aggrieved and dissatisfied with the impugned judgment and award, the appellants have preferred the present appeal.
3. Heard learned Assistant Government Pleader for the appellants and learned counsel appearing for the respondents -
claimants. It is submitted that the another group of appeals being First Appeal No. 1221 of 2014 and allied appeals came to be disposed on 09.05.2014 and one another appeal being First Appeal No. 2554 of 2010 came to be disposed of in the Lok Adalat on 08.04.2017.
4. It appears that during the pendency of these appeals, Page 2 of 4 Uploaded by V.R. PANCHAL(HC00171) on Thu Sep 18 2025 Downloaded on : Fri Sep 19 00:18:54 IST 2025 NEUTRAL CITATION C/FA/2553/2010 JUDGMENT DATED: 18/09/2025 undefined another group of appeals filed by the appellant - State of Gujarat, which covers the issue involved in the present appeal, were withdrawn in the Lok Adalat. Since the claim in the said appeals was settled in the Lok Adalat and the amount involved in the present appeals are exceeded the limit, the State Government cannot be permitted to contest the appeal/s and challenged the impugned judgment and award in view of the decision of the Hon'ble Supreme Court in the case of Shivappa Etc. Vs. The Chief Engineer and others reported in 2023 LiveLaws SC 312. Relevant observations at paragraphs 9 to 11 are reproduced herein below for benefits:-
"9. In the said case also, the Reference Court had granted compensation at the rate of Rs.4,61,250/- per acre. The High Court, vide order dated 8.3.2016 has allowed the said appeal(s) to be withdrawn and the same had been placed on record before this Court in I. A. No.59170 of 2016. Though a period of more than six years had lapsed, the said position is not contested by the respondents.
10. The State or its instrumentalities cannot be permitted to adopt an attitude of pick and choose.
11. If the State has accepted the award of the Reference Court in respect of some of the claimants, it cannot be permitted to adopt a different treatment to the other claimants. Such an attitude smacks of patent discrimination."
5. Considering the law laid down by the Hon'ble Apex Court, since the appellants do not dispute the fact that the appellants either, after having preferred appeals, some appeals had withdrawn as the claim as per the Circular was petty claim and thereafter, merely on account of the fact that the additional amount awarded to the present claimants exceeds the cut-off for Page 3 of 4 Uploaded by V.R. PANCHAL(HC00171) on Thu Sep 18 2025 Downloaded on : Fri Sep 19 00:18:54 IST 2025 NEUTRAL CITATION C/FA/2553/2010 JUDGMENT DATED: 18/09/2025 undefined a petty claim, the State would not be permitted to question the same, more particularly since the State has accepted the very same award of the learned Reference Court with regard to other claimants. As observed by the Hon'ble Apex Court, such an attitude would smack of patent discrimination and cannot be countenanced.
6. In view of the above, the appeals are dismissed. If the appellants have not deposited the amount then the same shall be deposited before the Reference Court within a period of eight weeks from the date of receipt of this order. If the amount is deposited by the appellants before the Reference Court, the same shall be disbursed in favour of the claimants after verifying their bank details through RTGS / NEFT. Registry is directed to send back the record and proceedings to the trial Court forthwith.
Connected civil applications shall stand disposed of.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 4 of 4 Uploaded by V.R. PANCHAL(HC00171) on Thu Sep 18 2025 Downloaded on : Fri Sep 19 00:18:54 IST 2025