Gujarat High Court
Patel Shantaben Shankarlal Deceased ... vs Special Land Acquisition Officer on 1 August, 2025
NEUTRAL CITATION
C/FA/118/2010 JUDGMENT DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 118 of 2010
With
R/FIRST APPEAL NO. 119 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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PATEL SHANTABEN SHANKARLAL DECEASED THROUGH PATEL
JASUMATBEN
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR KM SHETH(838) for the Appellant(s) No. 1
MS ROSHNI PATEL, ASST. GOVERNMENT PLEADER for the Defendant(s)
No. 1
SAUMITRA CHATURVEDI(8369) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 01/08/2025
ORAL JUDGMENT
1. Present appeals are filed by the appellants - original claimants
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 challenging the common judgment and award
dated 19.06.2009 passed by the learned 3 rd Additional District Judge,
District Court, Mehsana (hereinafter be referred to as "the Reference
Court") in Land Acquisition Reference Nos.102 of 2002 & 103 of 2002
respectively, whereby the Reference Court has awarded Rs.37.50 per
square meter, over-and-above the amount awarded by the Special
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C/FA/118/2010 JUDGMENT DATED: 01/08/2025
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Land Acquisition Officer which comes Rs.61.50 per square meter.
2. For the purpose of Project of Well No.R.S.K./5., the State
Government acquired the lands of the appellants - original claimants
situated at Village: Kadi, Taluka: Kadi, District: Mehsana. A notification
under Section 4 of the Land Acquisition Act (hereinafter be referred to
as "the Act") dated 29.04.1999 has been issued and declaration
under Section 6 of the Act was published on 16.04.2000. An amount
of Rs.300/- per square meter has been demanded by the appellants,
but the Special Land Acquisition Officer awarded Rs.24/- per square
meter by passing an award dated 13.02.2002.
3. Being aggrieved, the appellants - original claimants, who
preferred the aforesaid LAR Cases under Section 18 of the Act for
additional compensation of Rs.300/- per square meter. However, the
judgment and award dated 19.06.2009 came to be passed by the
learned 3rd Additional District Judge, District Court, Mehsana. This has
aggrieved the appellants, have preferred the present appeals raising
various grounds.
4. Heard Mr.K. M. Sheth, learned counsel appearing for the
appellants, Ms.Roshni Patel, learned Assistant Government Pleader
appearing for respondent No.1 and Ms.Saumitra Chaturvedi, learned
counsel appearing for respondent No.2.
5. Mr.Sheth, learned counsel has submitted the same facts which
are narrated in the memo of appeals. He has relied upon the order of
the Hon'ble Supreme Court in the case of Godavariben
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C/FA/118/2010 JUDGMENT DATED: 01/08/2025
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Karshanbhai Patel and others Vs. Group General Manager and
another dated 24.04.2017 passed in Civil Appeal No. 5541 of 2017
wherein the Hon'ble Supreme Court has considered the Notification
under Section 4 of the Act dated 23.09.1984 where the landowners
received Rs.30/- per square meter and the same rate whereby the
Reference Court awarded Rs.124/- per square meter, though the High
Court has interfered with the decision of the Reference Court and
reduced the amount in that circumstances. Mr.Sheth, learned counsel
has submitted that in the present appeals, a Notification under
Section 4 was issued on 29.04.1999, whereas, in relation to the
acquisition of the lands of Village: Nani Kadi, Taluka: Kadi, District:
Mehsana, a Notification under Section 4 was issued on 26.04.1999 so
there was a gap of only three days in issuance of both the
notifications. He has submitted that in the present appeals, the
Special Land Acquisition Officer has awarded compensation of Rs.24/-
per square meter of the land, whereas, in the case of Village: Nani
Kadi, the Special Land Acquisition Officer has awarded compensation
of Rs.30/- per square meter. He has submitted that in the present
appeals, the claimants have demanded Rs.300/- per square meter,
whereas, in earlier group of matters, the claimants have demanded
Rs.150/- per square meter, thereafter, the matter reached upto the
High Court and subsequently this Court was pleased to decrease the
amount from the original amount of award and, therefore, the matter
reached upto the Hon'ble Supreme Court and the Hon'ble Supreme
Court has, ultimately, held that the amount which was fixed by the
Reference Court is just and proper and the award passed by the
Reference Court came to be confirmed. Mr.Sheth, learned counsel has
submitted that in view of the aforesaid facts, the appeals deserve to
be allowed and the award of compensation deserves to be enhanced.
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6. Per contra, Ms.Chaturvedi, learned counsel appearing for
respondent No.2 has submitted that the amount of compensation
awarded by the Reference Court is just and proper and the same is
relating to Village: Kadi and not for Village: Nani Kadi and, therefore,
the decision relied upon on behalf of the appellants is not applicable
to the facts of the present case. Ms.Chaturvedi, learned counsel is
unable to controvert the fact which is observed by the Hon'ble
Supreme Court and the amount of compensation awarded by the
Hon'ble Supreme Court.
7. Considering the submissions made on behalf of the learned
counsel appearing for the respective parties and the decision of the
Hon'ble Supreme Court in case of Godavariben Karshanbhai Patel
(Supra) as well as the Division Bench of this Court in First Appeal
No.5241 of 2008 decided on 06.07.2015 and relying upon the said
decisions in the matter of very same village Kadi, this Court has
allowed the appeals preferred by the original claimants being First
Appeal Nos.2412 of 2010, 2413 of 2010 on 23.06.2025 and First
Appeal No.3004 of 2010 and allied matters on 18.07.2025.
Considering all these aspects, this Court is of the opinion that the
appeals require consideration and the impugned judgment and award
deserves to be modified to the extent as under.
8. Resultantly, following final order is passed:-
Both the first appeals are hereby allowed. The appellants -
claimants of these appeals shall be entitled to get Rs.62.50/- per
square meter in addition to the amount of Rs.24/- per square meter
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awarded by the Special Land Acquisition Officer and Rs.37.50 per
square meter awarded by the Reference Court, Mehsana the total
amount comes to Rs.124.00 per square meter. The respondent shall
deposit additional amount of compensation with statutory benefits
before the Reference Court within a period of eight weeks from the
date of receipt of the order. On deposit of the amount, the same shall
be disbursed in favour of the each claimant, after deducting the
difference of court fees, through RTGS / NEFT and the bank account
details shall be furnished by the counsel for the claimants to the
Registry of the Reference Court, Mehsana. Other observations of the
Reference Court for statutory benefits provided under the Act remain
intact. Decree be drawn accordingly. Record and proceedings be sent
back to the concerned Reference Court forthwith.
(HEMANT M. PRACHCHHAK,J)
Dolly
