Gujarat High Court
Special Land Acquisition Officer vs Rajput Chhaguji Modaji on 21 February, 2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 111 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
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SPECIAL LAND ACQUISITION OFFICER & ANR.
Versus
RAJPUT CHHAGUJI MODAJI
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Appearance:
Mr. Manohar Raheavar, Asst. GOVERNMENT PLEADER for the
Appellant(s) No. 1,2
MR AV PRAJAPATI(672) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 21/02/2025
ORAL JUDGMENT
1. The present appeal is filed at the instance of the State
under section 54 of the Land Acquisition Act, 1894, read with
Section 96 of the Civil Procedure Code, 1908 against the
judgement and award dated 12.2.2019 passed by the learned
Principal, Senior Civil Judge, Mehsana in Land Acquisition
Reference Case No.59 of 2018 (Old No.152 of 2015) whereby
the learned Judge has partly allowed, the reference referred
by the respondent - original claimant, holding them entitled
for additional amount of compensation at the rate of Rs. 462/-
per square metres of acquired land, including the amount of
compensation already awarded by the Special Land
Acquisition Officer. The respondents claimants are held
entitled to an additional amount of compensation at the rate
of 12% on amount of compensation awarded as per the
provisions contained in section 23(1-A) of the Land Acquisition
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Act. The State Authorities are further directed to pay the
amount of solatium at the rate of 30% on amount of
compensation as provided under Section 23(2) of the Land
Acquisition Act. The State Authorities are also ordered to pay
interest on the additional amount of compensation at the rate
of 9% per annum from the date of taking possession or from
the date of issue of notification under Section 4 of the Act,
whichever is earlier, for the first year and thereafter, at the
rate of 15% per annum till realization of the aggregate
amount payable, as provided under Section 28 of the Act. The
State Authorities are also directed to pay proportionate cost
to the claimants and to bear their own cost.
2. The relevant facts necessary for the adjudication of the
present appeal as emerged from the record in nutshell are as
under :
2.1. The respondents herein original claimants are the
owners of agricultural land bearing survey number 92/P/1
admeasuring 012054 sq mtrs situated at village Kamli Tal:
Unjha, District: Mehsana (hereinafter referred to as the land
in question). The aforesaid land in question was acquired by
the present appellants - original opponents for the purpose of
construction of the Dharoi Canal. The notification in this
regard under Section 4 of the Land Acquisition Act,
1894(hearing after referred as the Act of 1894.) was
published in Government Gazette on 27.6.2002, whereas the
notification under Section 6 of the Act of 1894 was published
in Government Gazette on 26.12.2002. Thereafter, the notice
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was issued to the interested parties, including the present
respondents in terms of Section 9 of the Act of 1894. The
award was passed by the Special Land Acquisition Officer
under Section 11 of the Act of 1894 on 19.5.2004 in Case No.
16 of 2001, whereby the respondents herein were held
entitled to compensation towards the acquired land at the rate
of Rs.15 per square meters for irrigating land and Rs. 10 per
square meters for non-irrigating lands, along with solatiam at
30% and benefits of increase at the rate of 12% on such
amount of compensation.
2.1. The respondent herein being aggrieved and dissatisfied
with the determination of amount of compensation on lower
side had approached before the Special Land Acquisition
Officer seeking reference under Section 18 of the Act of 1894
for reference before the court of learned Principal Senior Civil
Judge, Unjha, District: Mehsana on 8.5.2008, which was given
Land Acquisition Reference Case No. 152 of 2015, which was
later on registered as LAR No.59 of 2018.
2.2. The original claimant had prayed for enhancement of the
award amount at the rate of Rs. 500 per square mtr with all
statutory consequential benefits as envisaged under the Act of
1894.
2.3. In support of the aforesaid claim, the original claimants
have placed heavy reliance upon the judgement pronounced
by the Reference Court in LAR No. 1151 of 2003 to 1179 of
2003, which was produced on record at exhibit 16. The
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respondent state authorities have also placed the copy of
statement showing the payment made to the respective
claimants of the aforesaid LAR cases at Exhibit 17. The award
passed under Section 11 of the Act by the Special Land
Acquisition Officer was also brought on record at Exhibit 25.
The amended award under Section 13 A of the Act was placed
on record at Exhibit 26.
2.4. Though the appellant state authorities have objected to
the aforesaid claim, however, they have failed to lead any
documentary evidence before the Reference Court. The
respondent State had filed examination in chief affidavit of Mr
R.N. Kushwah under the provisions of Order 18 Rule 4 of the
Civil Procedure Code at Exhibit 31.
2.5. Upon hearing the submissions of the learned advocates
for the respective parties and in light of the evidence brought
on record, the learned Judge relying upon the judgement
produced on record at Exhibit 16 noted that in the case of
same village Kamli, the Reference Court has awarded Rs. 440
per sq. mtr for the acquired land as additional amount of
compensation. The learned Judge further noticed that
notification under Section 4 of the act was published on
20.12.2001, whereas in the present case the notification was
issued under section 4 of the Act on 27.6.2002. The learned
Judge further noticed that there was a difference of six
months between the aforesaid two notifications issued under
Section 4 of the Act and therefore proceeded to determine the
amount of compensation at the rate of Rs.462 per sq. mtr for
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the acquired lands. The claimants were also held entitled to
the amount of solatium as provided under Section 23 (2)of the
Act as well as the interest in terms of section 28 of the Act.
2.6. Being aggrieved and dissatisfied with the aforesaid
judgement and award passed by the Reference Court in LAR
Case No.59 of 2018, the respondent State authorities have
approached in appeal under section 54 of the Act read with
section 96 of the Code of Civil Procedure, 1908.
3. Considering the grounds raised in the appeal, the
present appeal was admitted by the Coordinate Bench vide
order dated 1.2.2021, whereby, in Civil Application preferred
by the State seeking stay against the impugned judgment and
award, this Court had directed to deposit the entire award
amount with the concerned Reference Court with further
liberty to withdraw 50% of the deposited amount to be paid to
the original claimants by account payee cheque subject to
verification and identification and rest of the amount was
directed to be invested in cumulative fixed deposit scheme in
any Nationalized Bank initially for a period of five years which
was to be continued to renewal for similar period till final
hearing of the appeal.
4. The matter being notified for final hearing, was taken up
for final adjudication, at the request of learned advocate Mr.
A.V. Prajapati for the respondents - original claimants. At the
outset, learned advocate for the respondent has submitted
that the present appeal is covered by the decision of the
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Hon'ble Division Bench rendered in First Appeal No.2075 of
2010 dated 27.07.2015, in the case of Special Land
Acquisition Officer and others vs. Patel Ishwarbhai Ambaram
and others. Learned advocate has further drawn my attention
to the challenge made by the Appellate State in the aforesaid
group of appeals and has submitted that against the common
judgment and award dated 31.1.2008 passed by the learned
Principal District Judge, Mehsana in Land Reference Case
Nos.404 of 2005 to 438 of 2005 arising out of same Land
Acquisition Case No.16 of 2001 stands modified by the said
common judgment and order of the Hon'ble Division Bench. It
was further submitted that once the additional amount of
compensation determined by the Reference Court stands
modified in absence of any other exemplar pointed out by the
respondent State Authority, present appeal is required to be
partly allowed.
5. Mr. Manohar Rahever, learned Assistant Government
Pleader appearing on behalf of appellant State was unable to
dispute the aforesaid submission of learned advocate for the
respondent- original claimants. This Court had inquired from
the learned Assistant Government Pleader as to any challenge
being made at the instance of the State against the aforesaid
common oral judgment dated 27.07.2025 passed in First
Appeal Nos. 2075 of 2010 and other allied matters is
concerned. The learned Assistant Government Pleader has
fairly submitted that the State Authorities have not taken the
aforesaid order in appeal before the higher forum.
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6. Mr. Prajapati, learned advocate on the other hand has
pointed out that the aforesaid judgment has attained finality
inasmuch as the amount of compensation has been disbursed
amongst the claimants of the aforesaid appeals.
7. I have heard the learned advocates for the respective
parties and have closely perused the impugned judgment and
award, in light of the common oral judgment dated
27.07.2015 passed by the Hon'ble Division Bench in First
Appeal No.2075 of 2010 and other allied matters as relied
upon by the respondent. On close examination of the
impugned judgment and award as recorded earlier, it is
evident that except for the exemplar produced on record by
the original claimant at Exhs. 16 & 17, no other exemplar has
been brought on record for comparison at the instance of
State as well as at the instance of the original claimants. In
fact, the respondent State Authority has though examined
their officer as witness at Exh.31, as rightly noted by the
Reference Court, no documentary evidence has been brought
on record at the instance of the respondent State Authorities.
The learned Judge has rightly compared the aforesaid
exemplar produced on record at Exhs. 16 & 17 by considering
the proximity of time limit i.e. date of issuance of Section 4
Notification in the aforesaid case as well as in the present
case. It is an undisputed fact that the acquired lands in both
the cases pertains to same village Kamli. Hence, the exemplar
at Exh.16 is rightly accepted by the Reference Court to be a
comparable instance for the purpose of determination of
additional amount of compensation.
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8. As regards, the determination of additional amount of
compensation at the rate of Rs.462/- per sq mtr is concerned,
the aforesaid view stands modified in view of the Hon'ble
Division Bench judgment in First Appeal No.2075 of 2010 and
allied matters. On bare perusal of the common judgment and
award dated 31.01.2008 passed by the Reference Court,
Mehsana in LAR Case No. Nos.404 of 2005 to 438 of 2005
(Main LAR No.404 of 2005), it is evident that Claimants-
opponents - land owners of acquired lands of village Kamli
has approached the Court seeking reference under Section 18
of the Land Acquisition Act, 1894 against the award passed by
the Special Land Acquisition Officer under Section 11 of the
Act of 1894, in case of same Land Acquisition Case No.16 of
2001. It further transpires that different set of Land Reference
Case were registered at the instance of the respective
claimants of same LAQ Case No.16 of 2001, pertaining to
acquisition of lands of same village: Kamli, whereby in case of
same notification issued under Section 4 of the Act on
27.06.2002 and under Section 6 of the Act on 26.12.2002, the
award was passed at the rate of Rs.15.00 ps per sq mtr. The
same award was subject matter, in aforesaid group of LAR
Cases No.404 of 2005 and allied matters, whereby, the
Reference Court has determined the additional amount of
compensation at the rate of Rs.462/- per sq mtrs. The
aforesaid common judgment and award dated 31.11.2008 was
subject matter of challenged before this Court in First Appeal
No.2075 of 2010 and allied matters. The Hon'ble Division
Bench, while partly allowing the aforesaid appeal filed by the
Appellate State, held as under:
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"8.Having heard the learned advocates appearing
for the respective parties and considering the fact
that market value @ Rs.392/- was fixed for
acquisition of land pertaining to the same Village by
this Court vide common judgment dated 13- 2-2014
delivered in First Appeal Nos.4106 of 2009 to 4112
of 2009, we are of the opinion that the market value
fixed by this Court in respect of acquisition of lands
of same Village in the said decision is required to be
taken into consideration for assessment of market
value in the present cases. However, it is to be
noted that in the said cases, section 4 notification
was dated 3-3-2004 while in the present cases,
section 4 notification was dated 27-6-2002 and
therefore, considering the difference of one year and
eight months period between the dates of section 4
notification, 17% of the market value of Rs.392/- i.e.
Rs.66.64 per sq.mtr. is required to be deducted from
the total amount of compensation. Therefore, in our
view, it would be just and proper and would serve
the ends of justice if the claimants are awarded
compensation for their lands @ Rs.325.36 per
sq.mtr. [Rs.392-66.64] with corresponding statutory
benefits."
9. It is further noticed that in the present case the
reference against the common award dated 19.5.2004 passed
by the Special Land Acquisition Officer was registered on
8.5.2008 before the Court of learned Principal Senior Civil
Judge, Mehsana as old LAR Case No.152 of 2015. In the first
round of litigation, the issue of limitation had arosed. The
matter had traveled to this Court being First Appeal No.2123
of 2018, wherein, this Court had held this reference being
filed within the period of limitation. Accordingly, the learned
Reference Court has answered issue no. 2A in affirmative.
Thus, on overall appreciation of record, the present appeal
forms part of same group of LAQ Case No.16 of 2001 whereby
the Hon'ble Division Bench has interfered in appeal preferred
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at the instance of State modifying the additional amount of
compensation at the rate of Rs.325.36 ps per sq mtrs of
acquired lands of village Kamli.
10. For the foregoing reasons, the present appeal stands
partly allowed. The impugned judgment and award dated
12.02.2019 passed by the learned Principal Senior Civil Judge,
Mehsana in LAR Case No. 59 of 2018 (Old No.152 of 2015)
hereby stands modified to the extent that the claimant is held
entitled to additional compensation at the rate of Rs.325.36 ps
per sq mtrs. As held by the Reference Court, the claimant
shall be entitled to all other statutory benefits as extended by
Reference Court by impugned judgment on such modified
amount of compensation accordingly.
11. In view of the aforesaid amount of compensation being
modified, the Reference Court is directed to disburse the
amount of compensation in favour of claimant in terms of the
present order, subject to due verification and identification
whereas the difference of amount, i.e. Rs.462/- minus
Rs.325.36 ps = Rs.136.64 ps per sq mtrs, with statutory
benefit as extended forming part of deposited award amount
lying in final deposit, is directed to be returned back to the
concerned department of State Government. Since, the award
amount is directed to be deposited in cumulative FDR's, the
interest which may accrue on such amount may be given to
the respective parties as per their entitlement of principal
amount. Let such aforesaid exercise be undertaken within a
period of four weeks from the receipt of the present order.
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12. Thus, First Appeal stands disposed of as partly allowed
to the aforesaid extent.
(NISHA M. THAKORE,J)
RATHOD KAUSHIKSINH
