Gujarat High Court
Legal Heirs Of Parmar Raijibhai Kodarji vs The State Of Gujarat on 26 September, 2025
NEUTRAL CITATION
C/FA/3305/2018 JUDGMENT DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3305 of 2018
With
R/FIRST APPEAL NO. 350 of 2019
With
R/FIRST APPEAL NO. 3642 of 2018
With
R/FIRST APPEAL NO. 4478 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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LEGAL HEIRS OF PARMAR RAIJIBHAI KODARJI & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR SK PATEL(654) WITH MR ADITYA S PATEL for the Appellant(s)
No. 1,1.1,1.2,1.3,1.4,1.5,2
MS ROSHNI PATEL AGP for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 26/09/2025
COMMON ORAL JUDGMENT
1. These appeals are filed by the appellants - claimants under Section 96 of the Civil Procedure Code, 1908 against the common judgment and award dated 11.09.2017 passed by the Page 1 of 6 Uploaded by V.R. PANCHAL(HC00171) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 21:45:41 IST 2025 NEUTRAL CITATION C/FA/3305/2018 JUDGMENT DATED: 26/09/2025 undefined learned Principal Senior Civil Judge, Modasa, District: Arvalli (hereinafter be referred to as "the Reference Court") in Land Acquisition Reference Cases No.895 of 2010 to 898 of 2010 (main Land Acquisition Reference Case No.898 of 2010) [Old Land Acquisition Reference Cases No.1137 of 2006 to 1140 of 2006] whereby the Reference Court has awarded additional amount of Rs.80/- per square meter with other consequential benefits to the appellants / claimants. Notification Under Section 4 of the Act in respect of lands under acquisition was issued on 16.10.2004 and declaration under Section 6 of the Act was published on 10.12.2004. The Special Land Acquisition Officer under Section 11 of the Act, vide its award being Land Acquisition Case No. 154 of 2004 made under Section 11 of the Act, awarded Rs.5/- to the appellants / claimants as compensation for acquired lands for the purpose of Sujlam Suflam Canal situated at Village: Aakodiya, Taluka: Bayad, Himmatnagar, District: Sabarkantha. Against such award, the appellants herein approached the Reference Court claiming compensation of Rs.250/- per square meter under Section 18 of the Act.
2. Mr.S. K. Patel, learned counsel with Mr. Aditya S. Patel, learned counsel for the appellants has submitted that the Reference Court has erred in discarding the valuation report at Exhibit 45 and 52 wherein the Government Approved Valuer has determined value of acquired land at the rate of Rs.303/- per square meter. He has submitted that the valuer in his report and evidence has stated that the acquired land is situated at Modasa
- Kapadwanj - Nadiad State Highway and Vatral General Hospital is at a distance of just 1.5 kilometer. He has submitted that the Page 2 of 6 Uploaded by V.R. PANCHAL(HC00171) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 21:45:41 IST 2025 NEUTRAL CITATION C/FA/3305/2018 JUDGMENT DATED: 26/09/2025 undefined sale deed of open N.A. land of Bayad Town which are exhibited and produced on record at Exhibit 42, 54, 55, 56, 57 and 59 and the Bayad Town is a municipality and Taluka place and both Bayad Town and Akodiya situated on Modasa - Kapadvanj - Nadiad State Highway and distance between Akodia Village and Bayad Town is 4.5 kilometer. He has submitted that it is settled law that the Reference Court can take basis of N.A. land by deducting 30% as development charge, however, in the present case, the Reference Court has discarded evidence on the ground that the land of the appellants are agricultural land and evidence is of N.A. land and, therefore, the sale deed produced on record cannot be looked into. He has submitted that the acquisition of the land of Village: Sagpur the compensation of Rs.210/- per square meter has been awarded by the Reference Court and that Village: Sagpur is at a distance of 9 kilometer from the acquired land and the said Village: Sagpur is not situated on State Highway. He has submitted that the land of Village: Sagpur is at a distance of 13 kilometer away from Talod Town and the acquired land is at a distance of 4.5 kilometer from Bayad Town and Bayad Town is more developed and bigger than the Talod Town. He has submitted that the amount of compensation awarded by the Reference Court is inadequate, irrational and illegal and the same deserves to be enhanced. He has submitted that the Reference Court has committed an error of facts and law in passing the impugned judgment and award and in awarding the compensation and has submitted that the appeals deserve to be allowed and the impugned judgment and award deserves to be modified to the extent.
3. Ms.Roshni Patel, learned Assistant Government Pleader has Page 3 of 6 Uploaded by V.R. PANCHAL(HC00171) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 21:45:41 IST 2025 NEUTRAL CITATION C/FA/3305/2018 JUDGMENT DATED: 26/09/2025 undefined tendered the communication dated 17.09.2025, which is taken on record. She has submitted that in the said communication, it has been specifically stated that so far as the amount of compensation in Reference Case Nos. 895 of 2010 to 898 of 2010 is concerned, for the same Village : Aakodiya and for the very purpose, the land was acquired, for which, the State has decided to accept the amount of award and paid the compensation at the rate of Rs.342/- per square meter and, therefore, in the present case also, the authority has accepted the said amount while calculating difference of 14 months and 10% increase to be made in the additional amount of compensation. She has submitted that in view of the aforesaid communication, the Court may pass appropriate orders.
4. The respondent - State Authority has filed affidavit-in-reply along with the copy of the order dated 13.10.2014 passed by the Division Bench of this Court in First Appeal No. 946 of 2014 and allied appeals inter alia contending that the Division Bench of this Court has awarded Rs.210/- per square meter. Whereas, it is the contention on the part of learned counsel for the appellants that for the very village and very purpose, the land was acquired wherein the Reference Court has awarded compensation of Rs.336.50 per square meter considering 10% increase as Notification under Section 4 was published on 16.10.2004, whereas, in the case on hand, Notification under Section 4 was published on 11.03.2006 i.e. after almost 1 year and 4 months
5. Having considered the submissions and the judgment and award of the Reference Court and perused the material on record, it appears that the Government has accepted the award Page 4 of 6 Uploaded by V.R. PANCHAL(HC00171) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 21:45:41 IST 2025 NEUTRAL CITATION C/FA/3305/2018 JUDGMENT DATED: 26/09/2025 undefined of acquisition made in the same Village: Aakodiya and the Notification under Section 4 of the Act was published on 11.03.2006, whereas, in the present case, the Notification was published on 16.10.2004, so there is difference of about one year and two months in both the notifications. The lands were acquired for the purpose of Sujlam Suflam Canal for permanent basis and Notification under Section 4 was published on 16.10.2004 and Notification under Section 6 was issued on 10.12.2004 and, thereafter, the Special Land Acquisition Officer has issued notice under Section 9 of the Act. The Special Land Acquisition Officer passed the award under Section 11 of the Act in L.A.Q. No. 154 of 2004 and awarded compensation of Rs.5/- per square meter along with statutory benefits. Being aggrieved, the claimants of the said references have approached the Reference Court by way of filing Land Acquisition Reference Cases No.895 of 2010 to 898 of 2010 seeking compensation of Rs.250/- per square meter. The Reference Court, after referring and relying upon the award passed in the case of nearby villages, has awarded Rs.80/- per square meter along with other statutory benefits. It appears that the Reference Court has decided the L.A.R. No. 11 of 2019 and allied L.A.Rs wherein the Reference Court has awarded Rs.336.50/- (Rs.342.50 - 6) vide judgment and award dated 27.01.2023. Considering the compensation of Rs.342.50 awarded by the Reference Court in the aforesaid L.A.R. No.11 of 2019 for the same village and for very purpose, which came to be accepted by the Government, and considering the fact that in the present case, the Notification under Section 4 of the Act was published 1 year and 2 months earlier and also considering the fact that the Special Land Acquisition Officer has awarded compensation at Rs.5/- per Page 5 of 6 Uploaded by V.R. PANCHAL(HC00171) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 21:45:41 IST 2025 NEUTRAL CITATION C/FA/3305/2018 JUDGMENT DATED: 26/09/2025 undefined square meter which was enhanced by the Reference Court by awarding additional amount of compensation of Rs.80/- per square meter, the appellants are entitled to get additional compensation of Rs.223.25 per square meter [Rs.342.50 - Rs.34.25 (less 10%) = Rs.308.25 - Rs.85/-].
6. In view of the above aspects, the appeals are allowed in part. The judgment and award of the Reference Court is modified to the extent that the appellants are entitled to get Rs.223.25 per square meter as additional amount of compensation over and above the amount awarded by the Special land Acquisition Officer and the Reference Court. Other observation of the Reference Court for benefits provided under the Act remain intact. The respondents shall deposit the additional amount of compensation with consequential benefits before the learned Reference Court within period of eight weeks from the date of the order. On deposit of the amount, the same shall be disbursed in favour of the appellants / claimants, after deducting the difference of the court fees, if any, through RTGS/NEFT and the bank account details shall be furnished by the counsel for the appellants / claimants to the Registry of the concerned Reference Court. The decree be drawn accordingly. Record and Proceedings be sent to the concerned Reference Court forthwith. In view of the order passed in the present appeals, civil Applications disposed of.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 6 of 6 Uploaded by V.R. PANCHAL(HC00171) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 21:45:41 IST 2025