Gujarat High Court
Addl. Spl. Land Acquistion Officer vs Rayajibhai Amrabhai on 25 August, 2025
NEUTRAL CITATION
C/FA/5160/2010 JUDGMENT DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5160 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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ADDL. SPL. LAND ACQUISTION OFFICER & ORS.
Versus
RAYAJIBHAI AMRABHAI
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Appearance:
MS ROSHNI PATEL, ASST. GOVERNMENT PLEADER for the Appellant(s)
No. 1,2,3
MR VIJAY N RAVAL(2025) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 25/08/2025
ORAL JUDGMENT
1. Present appeal is filed by the appellant - State Authorities
under Section 54 of the Land Acquisition Act, 1894 (hereinafter
referred to as "the Act") read with the provisions of Section 96
of the Civil Procedure Code, 1908 against the judgment and
award dated 26.03.2009 passed by the learned 4 th Additional
Senior Civil Judge, Panchmahals at Godhra (hereinafter
referred to as "the Reference Court"), in Land Reference Case
No. 19 of 2003, whereby the learned Judge has awarded
additional compensation @ Rs.191/- per square meter, over
and above the amount awarded by the Land Acquisition
Officer.
NEUTRAL CITATION
C/FA/5160/2010 JUDGMENT DATED: 25/08/2025
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2. Brief facts leading to the present appeal are that the
State has acquired the land situated at village Orwada, Tal.
Godhra, Dist. Panchmahals for the public purpose of National
Highway-59 Railway Crossing Bridge (Ahmedabad-Godhra-
Dahod-Indore Road) and accordingly, the land was acquired.
The notification under Section 4 of the Land Acquisition Act
was published on 31.08.2000 and declaration under Section 6
of the Act was published on 28.12.2000.
2.1 Thereafter, Special Land Acquisition Officer had passed
award on 28.10.2002 in LAQ case No. 3 of 2000 awarding
compensation for the acquired lands at the rate of Rs.10.50ps.
per sq. mtr. for the acquired lands.
2.2 Being aggrieved and dissatisfied with the same the
appellant State has filed Land Acquisition Reference Case No.
19 of 2003 before the Reference Court whereby, the Reference
Court has awarded Rs.191/- per sq. mtr. with 9% interest p.a.
from the date of taking over the possession till one year and
thereafter, at the rate of 15% p.a. till its realization vide its
judgment and award dated 26.03.2009.
3. Being aggrieved and dissatisfied with the aforesaid
judgment and awarded passed by the Reference Court, the
State has preferred the present appeal.
4. Heard Ms. Roshni Patel, learned Assistant Government
Pleader, appearing for the appellant - State Authorities and Mr.
NEUTRAL CITATION
C/FA/5160/2010 JUDGMENT DATED: 25/08/2025
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Vijay N. Raval, learned advocate appearing for the respondent
- original claimant.
5. Though various grounds have been raised in the memo
of appeal, the fact remains that the total amount involved in
the appeal is not exceeding to the limit of Rs. 5 Lac.
Considering the smallness of amount, this Court deems it fit
not to exercise jurisdiction under Section 54 of the Act.
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
other matters, the appeal is dismissed. However, there shall be
no order as to costs.
4. The amount lying with the Reference Court, Panchmahals
at Godhra, if any, be disbursed in favour of the original
claimant respondent herein, after verifying his bank details
and after following due procedure, through RTGS/NEFT on
receipt of copy of order of this Court.
5. Record and proceedings, if any, be sent back to the
concerned Court forthwith.
(HEMANT M. PRACHCHHAK,J)
Dolly
