Gujarat High Court
Thakor Jagtubha Bachubha vs Executive Engineer/General Manager on 26 August, 2025
NEUTRAL CITATION
C/X-OBJ/75/2022 JUDGMENT DATED: 26/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CROSS OBJECTION NO. 75 of 2022
In R/FIRST APPEAL NO. 1657 of 2018
With
R/CROSS OBJECTION NO. 87 of 2022
In
R/FIRST APPEAL NO. 1652 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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THAKOR JAGTUBHA BACHUBHA
Versus
EXECUTIVE ENGINEER/GENERAL MANAGER & ANR.
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Appearance:
MR JINESH H KAPADIA(5601) for the Appellant(s) No. 1
MR TUSHAR CHAUDHARY(5316) for the Appellant(s) No. 1
MS ROSHNI PATEL, ASST. GOVERNMENT PLEADER/PP for the
Defendant(s) No. 2
ADVOCATE NOTICE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 26/08/2025
COMMON ORAL JUDGMENT
1. Learned advocate Mrs. Krishna Raval, states that she has
received instructions to appear on behalf of the respondent
No.1 and she will file her appearance during the course of the
day.
2. Present Cross Objections have been filed by the
respective claimants under Order XLI Rule 22 of the Civil
NEUTRAL CITATION
C/X-OBJ/75/2022 JUDGMENT DATED: 26/08/2025
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Procedure Code, 1908 against the 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 Nos. 120 of
2013 and 111 of 2013 respectively, for enhancement of
compensation awarded by the Reference Court.
3. It is the case of the original claimants that the State has
acquired the land situated at village Umbari, Tal. Kankrej, Dist.
Banaskantha for the public purpose of new broad gauze
railway line of Patan - Bhildi and accordingly, the land was
acquired. The notification under Section 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.
3.1 Thereafter, Special Land Acquisition Officer had passed
award on 21.06.2012 in LAQ case No. 14 of 2009 awarding
compensation for the acquired lands at the rate of Rs.24.25ps.
per sq. mtr.
3.2 Being aggrieved and dissatisfied with the same the
claimants have filed Land Acquisition Reference Case Nos. 120
of 2013 and 111 of 2013 respectively, before the Reference
Court whereby, the Reference Court has awarded Rs.185/- per
sq. mtr. Being aggrieved and dissatisfied with the same, the
respective claimants have preferred Cross Objections.
4. Heard Mr.Jinesh Kapadia, learned counsel appearing for
the claimants, Mrs.Krishna Raval, learned counsel appearing
for respondent No.1 and Ms.Roshni Patel, learned Assistant
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C/X-OBJ/75/2022 JUDGMENT DATED: 26/08/2025
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Government Pleader appearing for respondent No.2.
5. Learned counsel Mr. Kapadia has submitted that the First
Appeal Nos. 1657 of 2018 and 1652 of 2018 respectively, in
which the present Cross Objections have been filed, have
already been decided by this Court vide common 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 respondents 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 First Appeals are already decided by this Court, the present
Cross Objections are also disposed of in view of the order
passed in the First Appeals. No order as to costs. Record &
Proceedings, if any, be sent back to the concerned Court
forthwith.
(HEMANT M. PRACHCHHAK,J)
Dolly
