Gujarat High Court
State Of Gujarat vs Legal Heirs Of Deceased Mohanbhai ... on 7 February, 2025
NEUTRAL CITATION
C/FA/350/2020 JUDGMENT DATED: 07/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 350 of 2020
With
R/FIRST APPEAL NO. 353 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting No Yes
No
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STATE OF GUJARAT & ORS.
Versus
LEGAL HEIRS OF DECEASED MOHANBHAI KUTHIYABHAI
GAMIT & ORS.
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Appearance:
MR. M. D. RAHEVAR, AGP for the Appellant Nos. 1,2,3
In First Appeal no.350 of 2020
MR. SHIVAM DIXIT, AGP for the Appellant Nos. 1,2,3
In First Appeal no.353 of 2020
MR NIKUNT K RAVAL(5558) for the Defendant Nos. 1.1,1.2,1.3,1.4
VIDIT S SHARMA(7365) for the Defendant Nos. 1.1,1.2,1.3,1.4
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 07/02/2025
ORAL JUDGMENT
1. Heard Mr. Rahevar, learned AGP for the appellant -
State and Mr. Vidit Sharma, learned advocate for the
respondents - original claimants.
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2. The present appeals are filed at the instance of the
appellant - State being aggrieved and dissatisfied with the
judgment and award dated 5th November, 2014 passed by the
learned Principal Senior Civil Judge, Vyara, District Tapi in
Land Reference Case no.253 of 2012 to 257 of 2012 (main
Land Reference Case no.253 of 2012).
3. Mr. Sharma, learned advocate for the respondents at the
outset has submitted that in all there were five land reference
cases preferred by the affected land owners whose agriculture
lands situated in sim village Virpur, Taluka Vyara, District
Tapi were acquired for the construction of Ukai High Level
Cantor Canal for which Notification under Section 4 of the
Land Acquisition Act, 1894 was published on 9 th March, 2006
and thereafter, Notification under Section 6 of the Act was
published on 28th September, 2006. It was pointed-out that
the interested persons were duly served with the notices
under Section 9(3)(4) of the Act on 19 th February, 2008 for the
purpose of determination of compensation payable to them.
The claimants had prayed for reasonable amount of
compensation before the Special Land Acquisition Officer and
upon hearing the interested parties, the Special Land
Acquisition Officer by award dated 19 th March, 2008 passed u/
s. 11 of the Act had offered compensation @ Rs.550/- per Are
i.e. Rs.5.50 per sq. mtr. for the irrigated land and Rs.350/- per
Are i.e. Rs.3.50 per sq. mtr. for non-irrigation lands.
3.1 The claimants being aggrieved and dissatisfied with the
aforesaid amount of compensation had submitted applications
seeking reference u/s.18 of the Act on 10 th February, 2009
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thereby requesting to refer the matter to the competent Court
for determination of just and adequate compensation payable
to them. Accordingly, the references were registered before
the learned Principal Senior Civil Judge, Vyara, District Tapi
on 20th November, 2012.
3.2 By referring to the aforesaid facts, learned advocate had
further pointed-out that the learned Judge has placed reliance
upon the judgment pronounced by the reference Court in LAR
nos.220 of 2012 to 230 of 2012 dated 25 th September, 2014
passed in case of acquisition of lands of village Chikhli at
Exh.17. The learned Judge while considering the aforesaid
award noted that the Notification under Section 4 in the
aforesaid reference cases was issued on 9 th March, 2006. The
comparative factors like the proximity of situation of lands
was accessed from the map of village Virpur produced on
record at Exh.15. Learned Judge having satisfied about the
proximity of the time line of issuance of notification u/s. 4 as
well as the proximity of situation of the lands of both the
villages i.e. Chikhli and Virpur, had partly allowed the
reference holding the claimants entitled to an additional
amount of compensation @ Rs.270/- per sq. mtr. over and
above the amount of compensation already awarded to them
under Section 11 of the Act. The learned Judge has also held
the claimants entitled to the consequential benefits envisaged
under the Act. Learned advocate had further submitted that
the determination of the amount of compensation in case of
Chikhli, which has been relied upon by the learned Judge in
the impugned order has attained finality.
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3.3 The learned advocate had placed on record the list of
first appeals dismissed by this Court acquired in case of
various villages of Taluka Vyara, District Tapi for the same
project, which is reproduced as under :-
Village Section 4 L.A.R. No. Judgment Awarded First Judgment
(Main) Date (Ref Addl. Appeal in FA
Court) Comp. Per Nos.
sq. mtr.
Sarkuva 30.03.06 346/2012 31.12.14 230/- 771/19 & 24.08.23
& Group Group
(Common
Sarkuva 30.03.06 335/2012 31.12.14 230/- 950/19
Order)
Chikhli 09.03.06 220/12 & 25.09.14 286/- 1597/20 03.05.23
Group & Group
(Common
Chikhli 20.04.06 285/12 & 25.09.14 286/- 1618/20
order)
Group & Group
Kanpura 17.04.08 148/2012 16.01.14 417/- 2369/17 03.05.23
& Group & Group
Chhindiy 19.01.06 276/2012 05.11.14 271/- 2398/17 03.05.23
a & Group & Group
Kanpura 17.04.08 137/2012 16.01.14 417/- 2390/17 17.04.23
& Group & Group
Chikhald 09.03.06 188/2012 25.09.14 280/- 2378/17 17.04.23
a & Group & Group
Kathgadh 16.03.06 375/2012 31.12.14 240/- 1173/18
& Group & Group 11.12.23
Sarkuva 30.03.06 318/2012 31.12.14 230/- 1176/18
(Common
& Group & Group
order)
Kathgadh 16.03.06 380/2012 31.12.14 240/- 1178/18
& Group & Group
Sarkuva 30.03.06 329/2012 31.12.14 230/- 1182/18
& Group & Group
While referring to the tabular details, the learned
advocate had submitted that in case of village Chikhli, the
land reference cases registered which are LAR nos.220 of
2012 and allied matters and LAR nos.285 of 2012 and allied
matters, the Notification under Section 4 was issued on 9 th
March, 2006 and 20th April, 2006. Whereby the reference
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Court had by judgment and award dated 25 th September, 2014
had granted additional compensation @ Rs.286/- per sq. mtr.
The State being aggrieved and dissatisfied with the aforesaid
judgment had approached in appeal, which were registered as
First Appeal no.1597 of 2020 and allied matters and First
Appeal nos.1618 of 2020 and allied matters, which came to be
disposed of by common order dated 3 rd May, 2023 whereby
the aforesaid appeals preferred by the State has been
dismissed. He has therefore submitted that in case of Chikhli,
the judgment and award determining the additional amount of
compensation @ Rs.286/- per sq. mtr. arising out of the lands
acquired for the same project has attained finality in absence
of any appeal being preferred thereafter before the higher
forum.
3.4 Learned advocate had also relied upon the judgments
and awards passed by the reference Court in case of village
Kathgadh which according to him shares common village
boundary with village Virpur. While referring to the tabular
details, learned advocate has submitted that in case of
Kathgadh village, the Notification under Section 4 was issued
on 16th March, 2006, whereby the references were registered
before the reference Court viz. LAR no.375 of 2012 and allied
matters and 380 of 2012 and allied matters, which came to be
disposed of by common judgment and award dated 31 st
December, 2014. In the aforesaid group of cases arising out
of village Kathgadh, the reference Court has determined
additional amount of compensation @ Rs. 240/- per sq. mtr.
He had further pointed-out that against the aforesaid group of
cases, the State had approachd in appeals, which were
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registered as First Appeal nos. 1173 of 2018 and allied
matters and First Appeal no.1178 of 2018 and allied matters
respectively. The aforesaid appeals were heard by the
Hon'ble Division Bench and by common award dated 11 th
December, 2023, were dismissed.
3.5 By making aforesaid submissions, learned advocate has
urged this Court not to entertain the present appeal as
according to him, the market value of different villages falling
under Taluka Vyara, District Tapi being acquired for the same
project stands crystalized in view of the different orders
passed by this Court from time to time while not entertaining
the appeals preferred by the appellant - State.
4. Mr. Rahevar, learned AGP for the State - authorities was
unable to controvert the aforesaid facts as according to him
the aforesaid order has not been further challenged in appeal
before the higher forum and therefore, the determination of
additional amount of compensation by the reference Court
stands final as on date.
5. Considering the submissions made by the learned
advocates appearing for the respective parties and having
examined the impugned judgment and award, in light of the
different judgments placed on record for consideration by the
learned advocate for the respondents - original claimants, in
the opinion of this Court in absence of any challenge being
made by the appellant - State authorities against the
aforesaid orders as placed on record by the respondents, the
present appeals deserve the same fate.
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6. In absence of any contradiction being pointed-out by the
learned AGP and in light of the various decisions of the
Hon'ble Division Bench of this Court, the present lands
acquired for the same project and in the proximity of the date
of issuance of Section 4 Notification, as well as the distance as
it evident from the map produced at Exh.15, in the opinion of
this Court, the additional amount of compensation determined
@ Rs.270/- per sq. mtr. is just and adequate.
7. Hence, the appeals fail and are hereby disposed of. The
reference Court is directed to release and disburse the
amount lying in the FDR in favour of the original claimants
subject to verification. Let such exercise be undertaken
within the period of four weeks from today. R. & P. to be
sent back forthwith.
(NISHA M. THAKORE, J.)
AMAR RATHOD...
