Gujarat High Court
Executive Engineer/General Manager vs Desai (Rabari) Ishwar Jeshungbhai on 26 August, 2025
NEUTRAL CITATION
C/FA/1374/2018 JUDGMENT DATED: 26/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1374 of 2018
With
R/CROSS OBJECTION NO. 158 of 2025
In
R/FIRST APPEAL NO. 1374 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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EXECUTIVE ENGINEER/GENERAL MANAGER
Versus
DESAI (RABARI) ISHWAR JESHUNGBHAI & ANR.
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Appearance:
MS ARCHANA U AMIN(2462) for the Appellant(s) No. 1
MR JINESH KAPADIA FOR MR AV PRAJAPATI(672) for the Defendant(s)
No. 1
MS ROSHNI PATEL, ASST. GOVERNMENT PLEADER/PP for the
Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 26/08/2025
ORAL JUDGMENT
1. Present appeal is filed by the appellant under Section 54
of the Land Acquisition Act, 1894 against the common
judgment and award dated 06.04.2017 passed by the learned
2nd Additional Senior Civil Judge, Kankrej, Dist. Banaskantha
(hereinafter referred to as "the Reference Court") in Land
Reference Case No. 124 of 2013, whereby, the learned Judge
has awarded compensation of Rs.185/- per sq. mtr. for the
acquired lands.
NEUTRAL CITATION
C/FA/1374/2018 JUDGMENT DATED: 26/08/2025
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1.1 Whereas, the Cross Objection is filed by the original
claimant under Order XLI Rule 22 of the Civil Procedure Code,
1908 against the very same judgment and award dated
06.04.2017 for enhancement of compensation awarded by the
Reference Court.
2. It is the case of the appellant that the agricultural land of
respondent No.1 - original claimant located at Village Umbari
Ta. Kankrej, Dist. Banaskantha was permanently acquired for
public purpose of new broad gauze railway line of Patan-Bhildi
vide land acquisition No. 14/2009. For the purpose of
acquisition, the award was declared as per rate of Rs.24.25 per
sq. mtr. on 21.6.2012 and paid compensation to the
respondent. Thereafter, the original claimant had preferred a
reference case before the Special Land Acquisition Officer
claiming being as original value of the land should be Rs.1000/-
per sq. mtr., but decided only Rs.24.25 per sq. mtr. That,
Notification u/s 4 of the Land Acquisition Act was published on
25.03.2010 and Notification under Section 6 of the Act was
published on 21.06.2010.
2.1 The claimant claimed to increase the amount of award on
the basis of the comparison with the land bearing survey
no.18, 27 paiki, 128 midway of survey no.3, midway between
sr. no.395 and 420 and land of the river Banas etc. In respect
to these lands, the award of Rs.525 per sq. meter following the
rates of year 2016 as per exhibit 15 and 16 based on such land
was converted into non-agriculture and situated near the road.
That, the applicant had filed the written statements in each
NEUTRAL CITATION
C/FA/1374/2018 JUDGMENT DATED: 26/08/2025
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reference case wherein contented that the fixed compensation
is very proper and reasonable after considering quality of the
acquired land and surrounding sale transactions. At the time of
hearing, claimant has not produce any single document to
decide the rate of compensation and the dispute or objection
has been raised.
2.2 That, the Learned 2nd Additional Senior Civil Judge
allowed the reference vide judgment and award dated
06.04.2017 to pay the compensation to the tune of [net] Rs.
185/- per sq. mtrs. for the acquired agricultural land
considering the rate of Rs. 525/- per sq. mtrs.
3. Being aggrieved and dissatisfied with the aforesaid
judgment and award dated 06.04.2017 passed by the learned
2nd Additional Senior Civil Judge, Kankrej, Dist. Banaskantha in
Land Reference Case No. 124 of 2013, the appellant has
preferred this appeal and the original claimant has preferred
the Cross Objection.
4. Heard Ms. Archana Amin, learned counsel appearing for
the appellant, Mr. Jinesh Kapadia learned counsel appearing on
behalf of Mr. A.V. Prajapati, learned counsel for the respondent
No.1 - original claimant and Ms.Roshni Patel, learned Assistant
Government Pleader, appearing for respondent No.2.
5. Learned counsel Mr. Kapadia appearing for the
respondent No.1 - original claimant has submitted that the
issue involved in the present appeal as well as the Cross
Objection is already decided by this Court vide common
NEUTRAL CITATION
C/FA/1374/2018 JUDGMENT DATED: 26/08/2025
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Judgment dated 04.07.2025 passed in group of First Appeals
No.1351 of 2018 and other allied matters, whereby, this Court
has dismissed the First Appeals filed by the appellant herein
and confirmed the award passed by the Reference Court and
therefore, appropriate orders may be passed.
6. In view of above submissions, considering the fact that
the issue is already decided by this Court, the present First
Appeal is dismissed in view of the order passed in the
aforesaid group of First Appeals and the award passed by the
Reference Court is hereby confirmed. No order as to costs.
Record & Proceedings, if any, be sent back to the concerned
Court forthwith.
7. The amount deposited by the appellant before the
Reference Court, if still lying before the Reference Court, the
same shall be disbursed in favour of the respondent - original
claimant, after proper verification and after following due
procedure, through RTGS/NEFT, within a period of 8 weeks
from the date of receipt of order of this Court.
8. In view of dismissal of the First Appeal, the Cross
Objection shall also stand disposed of.
(HEMANT M. PRACHCHHAK,J)
Dolly
