Gujarat High Court
Deputy Collector, Land Acquisition And ... vs Rampariya Mansukh Mahon on 7 February, 2025
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C/FA/408/2021 JUDGMENT DATED: 07/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 408 of 2021
With
R/FIRST APPEAL NO. 514 of 2021
With
R/FIRST APPEAL NO. 515 of 2021
With
R/FIRST APPEAL NO. 1142 of 2021
With
R/FIRST APPEAL NO. 1143 of 2021
With
R/FIRST APPEAL NO. 1144 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting No Yes
No
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DEPUTY COLLECTOR, LAND ACQUISITION AND
REHABILITATION(IRRIGATION) & ANR.
Versus
RAMPARIYA MANSUKH MAHON
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Appearance:
MR. M. D. RAHEVAR, AGP for the Appellant Nos. 1,2
In First Appeal nos.408, 514 and 515 of 2021
MR. SHIVAM DIXIT, AGP for the Appellant Nos. 1,2
In First Appeal nos.1142, 1143 and 1144 of 2021
MR KM SHETH(838) for the Defendant
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 07/02/2025
COMMON ORAL JUDGMENT
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C/FA/408/2021 JUDGMENT DATED: 07/02/2025
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1. Heard Mr. Rahevar, learned AGP for the appellant -
State and Mr. K.M. Sheth, learned advocate, who has entered
his appearance on behalf of the respondents - original
claimants.
2. At the outset, learned advocate for the respondents -
original claimants has placed reliance upon the common oral
judgment dated 23rd December, 2024 passed by this Court in
First Appeal no.413 of 2021 and allied matters and submitted
that the group of appeals preferred by the State against the
very same impugned judgment and award under challenge in
the present appeal came to be dismissed by this Court thereby
upholding the additional amount of compensation as awarded
by the reference Court @ Rs.117.4 per sq. mtr. in case of
Bagayat land and Rs.85.50/- per sq. mtr. for Jirayat land of
same village Jiragadh, Taluka Jodia, District Jamnagar. He
has therefore submitted to dismiss the present appeals as well
in light of the aforesaid common oral judgment.
3. Mr. Rahevar, learned AGP for the appellant - State
authorities could not controvert the aforesaid aspect.
4. Considering the submissions made by the learned
advocates for the respective parties and having perused the
common oral judgment dated 23rd December, 2024 passed by
this Court in First Appeal no.413 of 2021 and allied matters in
light of the impugned judgment and award under challenge in
the present appeals, admittedly the challenge is at the
instance of State against the very same impugned judgment
and award, which has not been interfered by this Court in the
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aforesaid group of appeals preferred by the State for the
reasons, which are reproduced hereunder :
"[7.] Considering the submissions made by
learned advocates for the respective parties and
having perused the impugned judgment and
award passed by the reference court, it is an
undisputed fact that there is no challenge as on
date to the common oral judgment dated
23.10.2024 passed in First Appeal No.132 of
2022 and allied matters, which was preferred by
the State against common judgment and award
dated 28.09.2018 passed by the reference court
in Reference Case Nos.355 of 2007 and allied
matters, which has been relied upon as the best
exemplar available for determination of the
additional amount of compensation by the
reference court. The aforesaid exemplar has
been relied upon by the claimant which is
produced on record at Exh.107. Upon bare
comparison of the relevant details of the
publication of Section 4 Notification and the
determination of the market value by the
Special Land Acquisition Officer at the stage of
passing award under Section 11 of the Act, it is
clearly evident that the acquired lands belong to
the same village which is Jiragadh, TalukaJodia,
District-Jamnagar. The Section 4 notification as
rightly noticed by the learned Judge of earlier
acquisition was published on 26.04.2001
whereas in the present case it is issued on
03.07.2008 i.e. after period of almost 7 years
and 3 months. The comparison of the market
value of the lands determined by the Special
Land Acquisition Officer at the stage of passing
of award under Section 11 of the Act, indicates
that in case of earlier acquisition, an amount of
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C/FA/408/2021 JUDGMENT DATED: 07/02/2025
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Rs.4.25/- per sq. mtrs was fixed as market value
to the lands acquired by an award dated
18.01.2006 whereas in the present case, it is
received at the rate of Rs.12/- per sq. mtrs. for
Bagayat Land and Rs.8/- per sq. mtrs for Jirayat
land by an award dated 10.08.2009.
[8.] In fact on close examination of the
details of the comparative charts provided by
the learned advocate for the claimants, suggest
that in the previous acquisition which is also
forming part of the record in form of Exh.107, in
case of common notification dated 26.04.2001
for the same public purpose which is Aji4
Irrigation Scheme and of the same village-
Jiragadh, the Special Land Acquisition Officer
has fixed market value at the rate of Rs.4.70/-
per sq. mtrs. by passing an award on the same
day under Section 11 of the Act i.e. on
18.01.2006. In fact, in case of village-Meghpur
which is sharing the common village boundary,
the Special Land Acquisition Officer has
awarded Rs.5/- per sq. mtrs as determined by
order dated 08.10.2005. In all these cases, the
claimants were aggrieved and dissatisfied with
the determination of the market value on the
lower side and had prayed for enhancement of
additional amount of compensation at the rate of
Rs.100/- per sq. mtrs., whereas in the present
case, the claimants have prayed for additional
amount of compensation at the rate of Rs.114/-
per sq. mtrs.
[9.] It is an undisputed fact that the orders
passed by this Court as well as by the Co-
ordinate Bench of this Court in the aforesaid
referred appeals preferred at the instance of the
State has attained finality, as on date no appeal
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is filed before the higher forum. The State has
failed to obtain any stay against the aforesaid
judgments and orders passed by this Court.
[10.] In light of the aforesaid facts, this
Court is bound by the aforesaid precedents,
more particularly, when no contradictory
material has been pointed out by learned
Assistant Government Pleaders not to treat the
aforesaid exemplar Exhs.106 and 107 as relied
upon by the reference court for the purpose of
determination of the additional amount of
compensation.
[11.] For the foregoing reasons, the appeals
preferred by the State do not merits
consideration and are hereby rejected. Record
and proceedings, if any called for by this Court,
is directed to be sent back to the concerned
court forthwith. In light of the dismissal of
present appeals, the claimants are at liberty to
approach for disbursement of the award amount
and the Reference Court shall be at liberty to
pass appropriate orders in this regard, in
accordance with law."
5. For the foregoing reasons, the present appeals also fail
in view of the common oral judgment dated 23 rd December,
2024 passed by this Court in First Appeal no.413 of 2021 and
allied matters. The appeals therefore stands dismissed.
(NISHA M. THAKORE, J.)
AMAR RATHOD...
