Gujarat High Court
Special Land Acquisition Officer vs Heirs Of Decd. Desai Amrishbhai ... on 30 September, 2025
NEUTRAL CITATION
C/FA/3239/2013 JUDGMENT DATED: 30/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3239 of 2013
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
HEIRS OF DECD. DESAI AMRISHBHAI PRABHATBHAI
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Appearance:
MS FORUM TRIVEDI, ASST. GOVERNMENT PLEADER for the Appellant(s)
No. 1,2
MR AV PRAJAPATI(672) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 30/09/2025
ORAL JUDGMENT
1. Present appeal is filed by the appellant - State Authorities 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 against the common judgment and award dated 01.01.2013 passed by the learned 4 th Additional Senior Civil Judge, Mahesana in Land Reference Case Nos. 937 of 2009 to 938 of 2009 preferred under Section 18 of the Act, whereby, the learned Judge has awarded additional compensation of Rs.85/- per sq. mtr. for the acquired lands over and above the compensation already awarded by the Special Land Acquisition Officer.
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2. The facts of the present case are that the appellants have acquired the land situated at Village: Devinapura, Taluka & District:
Mahesana for the public purpose of "Sametra-Devinapura- Karashanpura Road". Notification under Section 4 of the Land Acquisition Act was published on 20.06.2005 and Notification under Section 6 of the Land Acquisition Act was published on 08.11.2005. The award under Section 11 of the Land Acquisition Act was passed by the Special Land Acquisition Officer, Mahesana - I in LAQ Case No. 42/2004 and awarded the compensation at Rs.8.00 per sq. mtr. Being aggrieved by the said award, the claimants have preferred the aforesaid Land Reference Cases before the Reference Court whereby, the Reference Court awarded additional compensation at Rs.85/-. per square meter vide its judgment and award dated 01.01.2013.
3. Being aggrieved and dissatisfied with the impugned judgment and award dated 01.01.2013, the appellants have preferred the present appeal.
4. Heard Ms. Forum Trivedi, learned Assistant Government Pleader, appearing for the appellants - State Authorities and Mr. A.V. Prajapati, learned counsel appearing for the respondent - original claimant and I have also perused the original record and proceedings.
5. Though various grounds have been raised in the memo of appeal, the fact remains that the total amount involved in the appeal is less than Rs.1,25,000/-. Considering the smallness of amount, this Court deems it fit not to exercise jurisdiction under Section 54 of the Land Acquisition Act, 1894. Accordingly, without entering into the merits of the matter only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in Page 2 of 3 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 23:27:16 IST 2025 NEUTRAL CITATION C/FA/3239/2013 JUDGMENT DATED: 30/09/2025 undefined other matters, the appeal is dismissed. However, there shall be no order as to costs. Record and proceedings, if any, be sent back to the concerned Court forthwith.
6. The amount deposited by the appellants, if any, before the Reference Court concerned, shall be disbursed in favour of the respondent - original claimant, after following due procedure and after verifying his bank details through RTGS / NEFT.
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