Gujarat High Court
Oza Shivabhai Nagarbhai vs Special Land Acquisition Officer on 30 September, 2025
NEUTRAL CITATION
C/FA/3489/2012 JUDGMENT DATED: 30/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3489 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
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OZA SHIVABHAI NAGARBHAI
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR AV PRAJAPATI(672) for the Appellant(s) No. 1
MS ROSHNI PATEL AGP for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 30/09/2025
ORAL JUDGMENT
1. Present First Appeal has been filed by the appellant- original claimant under Section 54 of the Land Acquisition Act against the common judgment and award dated 12.01.2012 passed by the Principal Senior Civil Judge, Patan, in Land Acquisition Reference Nos. 2439 to 2454 of 2006 (present appeal pertains to Land Acquisition Reference No. 2449 of 2006), whereby the Reference Court has awarded additional compensation at Page 1 of 5 Uploaded by SURESH SOLANKI(HC00208) on Wed Oct 08 2025 Downloaded on : Sat Oct 11 06:58:08 IST 2025 NEUTRAL CITATION C/FA/3489/2012 JUDGMENT DATED: 30/09/2025 undefined the rate of Rs.190/ per sq. meter, over and above the amount of compensation already awarded by the Special Land Acquisition Officer with interest at the rate of 12% per annum. The Reference Court has also granted solatium at the rate of 30% on the additional amount of compensation under Section 23(2) of the Land Acquisition Act.
2. The facts, in brief, are that the lands of the appellant- original claimant situated at village Khali, Taluka Sidhpur, District-Patan, were acquired by the respondent authority for the construction of Dharoi Canal. The Notification under Section 4 of the Act came to be issued on 20.12.2001. Thereafter, Notification under Section 6 of the Act came to be published on 18.4.2002. After following the due procedure of law, the Special Land Acquisition Officer by his award dated 2.08.2003 awarded compensation of Rs.11.00 ps. per square meter for the acquired lands. Being aggrieved by the said award, the original claimant preferred Reference under Section 18 of the Land Acquisition Act.
2.1 The Reference Court after hearing learned advocates for the parties and after perusing the record decided the References and passed the award and awarded compensation at the rate of Rs.190/ per sq. meter, over and above the amount of compensation already awarded by the Special Land Acquisition Officer Page 2 of 5 Uploaded by SURESH SOLANKI(HC00208) on Wed Oct 08 2025 Downloaded on : Sat Oct 11 06:58:08 IST 2025 NEUTRAL CITATION C/FA/3489/2012 JUDGMENT DATED: 30/09/2025 undefined with interest at the rate of 12% per annum with other statutory benefits.
2.2 Feeling aggrieved by the aforesaid award, the present appeal has been preferred by the appellant on the grounds set out in the memo of appeal.
3. Heard Mr. Prajapati, learned counsel for the appellant and Ms. Roshni Patel, learned AGP for the respondent.
4. Mr. Prajapati, learned advocate for the appellant, has relied upon the decision of the Division Bench of this Court dated 27.07.2015 passed in First Appeal No. 1359 of 2012 and other allied matters concerning the same village, Khali, whereby the Division Bench has fixed the market price of the land of village Khali at Rs. 74.35 per sq. meter over and above the amount awarded by the Land Acquisition Officer. Mr. Prajapati, learned counsel, therefore urges before the Court that in view of the aforesaid decision, appropriate order may be passed.
5. Ms. Roshni Patel, learned AGP for the respondent, is unable to controvert the said facts. She has submitted that in view of the above-referred decision of the Division Bench of this Court dated 27.07.2015 passed in First Appeal No. 1359 of 2012 and allied matters, since this Court has already decided the issue pertaining to the present village Khali, appropriate order may be passed.
Page 3 of 5 Uploaded by SURESH SOLANKI(HC00208) on Wed Oct 08 2025 Downloaded on : Sat Oct 11 06:58:08 IST 2025NEUTRAL CITATION C/FA/3489/2012 JUDGMENT DATED: 30/09/2025 undefined
6. I have perused the material and relevant documents placed on record. I have also gone through the record and proceedings as well as the impugned judgment and order passed by the Reference Court.
7. It appears that the present appeal was left out from the group of appeals decided by the Division Bench of this Court on 27.07.2015 in First Appeal Nos. 1359 of 2012 to 1369 of 2012 along with First Appeal No. 1358 of 2012. It further appears that the present appeal arises from the original Land Acquisition Reference No. 2449 of 2006, meaning thereby it is part of the same group of matters decided by the Division Bench. I have perused the decision dated 27.07.2015 relied upon by the learned advocate for the appellant in First Appeal No. 1359 of 2012 and allied matters, and find that the same view deserves to be adopted in the present case as well.
8. In view of the order dated 27.07.2015 passed by the Division Bench of this Court in First Appeal No. 1359 of 2012 and allied matters, the present appeal is hereby allowed. The impugned judgment and award dated 12.01.2012 passed by the learned Principal Senior Civil Judge, Patan, in Land Acquisition Reference No. 2449 of 2006, is hereby modified to the extent that the original claimant shall be entitled to additional compensation at the rate of Rs. 74.35 per sq. meter over and above the Page 4 of 5 Uploaded by SURESH SOLANKI(HC00208) on Wed Oct 08 2025 Downloaded on : Sat Oct 11 06:58:08 IST 2025 NEUTRAL CITATION C/FA/3489/2012 JUDGMENT DATED: 30/09/2025 undefined amount awarded by the Land Acquisition Officer. The rest of the judgment and award is hereby confirmed.
9. In view of the above, the appellant shall be entitled to total compensation of Rs. 264.35 per sq. meter (Rs. 190.00 awarded by the Reference Court + Rs. 74.35 enhanced by this Court in view of the above-referred decision of the Division Bench of this Court).
10. The respondent shall deposit an additional amount of compensation of Rs. 74.35 per sq. meter before the Reference Court along with other statutory benefits within a period of eight weeks from the date of receipt of a copy of this order.
11. Upon deposit, the said amount shall be disbursed in favour of the present appellant after verifying his bank details and following due procedure. Record and proceedings be sent back to the concerned Reference Court forthwith.
Sd/-
(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Page 5 of 5 Uploaded by SURESH SOLANKI(HC00208) on Wed Oct 08 2025 Downloaded on : Sat Oct 11 06:58:08 IST 2025