Special Land Acquisition Officer vs Kanubhai Mahijibhai

Gujarat High Court

Special Land Acquisition Officer vs Kanubhai Mahijibhai on 17 April, 2026

                                                                                                                 NEUTRAL CITATION




                              C/FA/3156/2013                                   JUDGMENT DATED: 17/04/2026

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                   R/FIRST APPEAL NO. 3156 of 2013

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                                          SPECIAL LAND ACQUISITION OFFICER & ANR.
                                                          Versus
                                                    KANUBHAI MAHIJIBHAI
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                        Appearance:
                        MS HEMALI SONI, AGP for the Appellant(s) No. 1,2
                        MR KM SHETH(838) for the Defendant(s) No. 1
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                           CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 17/04/2026

                                                             JUDGMENT

1. The confidential report tendered by the Registry, in a sealed cover, pursuant to the order passed by this Court dated 24.03.2026 is considered and accordingly the direction to the Registrar General to take necessary action against erring officer is dropped.

2. This is an appeal filed under Section 54 of the Land Acquisition Act, 1894 challenging the common judgment and award dated 16.07.2012 passed in Land Acquisition Reference Case Nos.820 to 822 of 2010 (treating Main LAR Case No.821 of 2010) whereby the Reference Court was pleased to award compensation of an amount of Rs.246.44 per sq mtr as an additional compensation over and above amount already awarded by the Special Land Acquisition Officer.

3. Being aggrieved by the said common judgment and award, this appeal is filed.

4. The brief facts are that Special Land Acquisition Officer, Page 1 of 4 Uploaded by MISHRA AMIT V.(HC00187) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:24:40 IST 2026 NEUTRAL CITATION C/FA/3156/2013 JUDGMENT DATED: 17/04/2026 undefined Narmada Project Unit 7/12, Bharuch, in Land Acquisition Case No.30 of 2007, awarded Rs.267/- per sq mtr for non irrigated land as compensation for the acquired lands. The original claimants preferred Reference before the Reference Court, Bharuch under Section 18 of the Land Acquisition Act, 1894. The Reference Court, after permitting the parties to lead evidence, awarded Rs.246.44 ps per sq mtr as an additional compensation, over and above the amount of compensation already awarded by the Special Land Acquisition Officer. It is this common judgment and award against which the State has preferred the present Appeal.

5. Heard learned Assistant Government Pleader Ms.Hemali Soni for the Appellant - State and Mr.K.M.Sheth, learned advocate for the respondent - original claimants.

6. During the arguments, learned advocate Mr.K.M.Sheth for the respondent - original claimants referred to oral order dated 10.03.2014 passed by the Coordinate Bench of this Court in First Appeal No.360 of 2014 whereby for the identical acquisition in Land Acquisition Reference Case No.733 of 2010, the Reference Court granted additional compensation of Rs.198.49 per sq mtr with interest and usual statutory benefits. He also referred to the other judgments passed by the other coordinate Bench.

7. learned Assistant Government Pleader Ms.Hemali Soni for the Appellant - State could not point out any other judgment passed by the Coordinate Bench in regard to similar kind of acquisition.

NEUTRAL CITATION C/FA/3156/2013 JUDGMENT DATED: 17/04/2026 undefined

8. In the oral order dated 10.03.2014 passed by the Coordinate Bench of this Court in First Appeal No.360 of 2014, the Coordinate Bench, in paras:2 and 3, has observed as under:

"2. The sum and substance of the appeal and submission by the appellants is to the effect that the trial Court should not have considered the additional compensation awarded in other cases, but should have relied upon the sale price in the nearby area and that each piece of land is having different condition considering its vicinity and, therefore, the same rate of compensation cannot be awarded to each claimants of the same area/village. On perusal of impugned judgment, it becomes clear that the reference Court has relied upon several previous decisions for awarding interest, solatium as well as for additional amount of compensation. The trial Court has considered the judgment of this Court for appreciation in the value of land by 10% p.a. which has led to some higher rate of compensation than what is awarded to the appellants.

3. Moreover, recently, First Appeals No.2546 to 2553 of 2013 were dismissed by this High Court wherein also the land in question was of the adjacent village and additional amount of Rs.253.21 was awarded with consequential benefits. For arriving at such conclusion, detailed reasons are given on 27.9.2013. Therefore, there is no reason to deviate from such finding of this High Court itself and to discriminate the land owners from the adjacent village only because of additional 12.5% amount of compensation added by the Reference Court than previous cases. Therefore, there is no substance in the appeal and, hence, the same are dismissed."

9. Having heard learned advocates for the parties and having gone through the judgment referred to supra, the reasons assigned in the common oral order passed by the Coordinate Bench of this Court in oral order dated 10.03.2014 Page 3 of 4 Uploaded by MISHRA AMIT V.(HC00187) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:24:40 IST 2026 NEUTRAL CITATION C/FA/3156/2013 JUDGMENT DATED: 17/04/2026 undefined passed by the Coordinate Bench of this Court in First Appeal No.360 of 2014, are squarely applied to the facts of the present case so also the same are accepted. Accordingly, the common judgment and award of the Reference Court dated 16.07.2012 passed in Land Acquisition Reference Case Nos.820 to 822 of 2010 (treating Main LAR Case No.821 of 2010), stands confirmed. This appeal is, therefore, dismissed. Connected application, if any, shall stand disposed of accordingly. Records and Proceedings, if any, be returned back to the Reference Court forthwith. Reference Court is directed to disburse the amount of compensation to the original claimants, as deposited by the appellant authority, after deducting the Court Fees to the claimants, after due verification and identification along with interest and after verifying their right to claim the compensation.

(J. C. DOSHI,J) MISHRA AMIT V. Page 4 of 4 Uploaded by MISHRA AMIT V.(HC00187) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:24:40 IST 2026