Gujarat High Court
Special Land Acquisition Officer vs Patel Rajnikant Bachubhai on 22 July, 2025
NEUTRAL CITATION
C/FA/3910/2014 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3910 of 2014
With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING)
NO. 1 of 2023
In
R/FIRST APPEAL NO. 3910 of 2014
With
R/FIRST APPEAL NO. 3919 of 2014
With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING)
NO. 1 of 2023
In
R/FIRST APPEAL NO. 3919 of 2014
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SPECIAL LAND ACQUISITION OFFICER & ANR.
Versus
PATEL RAJNIKANT BACHUBHAI
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Appearance:
MS ROSHNI PATEL AGP for the Appellant(s) No. 1,2
MR AV PRAJAPATI(672) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 22/07/2025
COMMON ORAL ORDER
1. These appeals are filed under Section 54 of the Land
Acquisition Act and Section 96 of the Civil Procedure Code
against the impugned judgment and award dated 28.03.2014
passed by the learned Principal Senior Civil Judge, Kadi, District:
NEUTRAL CITATION
C/FA/3910/2014 ORDER DATED: 22/07/2025
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Mehsana in Land Acquisition Reference Case No.97 of 2013 and
allied Reference Cases whereby the Reference Court has
awarded the compensation and awarded additional amount of
Rs.103.95 per square meter.
2. The facts of the present case are that the appellants have
acquired the land situated at Village: Laxmanpura, Taluka: Kadi ,
District: Mehsana for construction of Agol Distributary under
Narmada Project. Notification under Section 4 of the Land
Acquisition Act was published on 26.11.1999 and Notification
under Section 6 of the Land Acquisition Act was published on
10.07.2000. The award under Section 11 of the Land Acquisition
Act dated 09.07.2002 passed by the Special Land Acquisition
Officer in Land Acquisition Case No. 30/1999 and allied cases
whereby appellant No.1 herein has awarded the compensation at
Rs.5.02/- per square meter. Being aggrieved by the said award,
the claimants have preferred Land Reference Cases before the
Reference Court whereby the Reference Court awarded
additional compensation at Rs.103.95 per square meter.
3. Being aggrieved and dissatisfied with the impugned
judgment and award, the appellant has preferred the present
appeal.
4. Heard learned Assistant Government Pleader for the
appellant and learned counsel for the respondents.
5. It appears that during the pendency of this appeal, another
group of appeals filed by the appellant - State of Gujarat, which
covers the issue involved in the present appeal, were withdrawn
in the Lok Adalat. Since the claim in the said appeals was settled
NEUTRAL CITATION
C/FA/3910/2014 ORDER DATED: 22/07/2025
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in the Lok Adalat and in the present appeals, the claim is below
Rs.5,00,000/-, the appellants cannot be challenged the impugned
judgment and award in view of the decision of this Court in the
case of Shivappa Etc. Vs. The Chief Engineer and others
reported in 2023 LiveLaws SC 312.
6. In view of the above, the appeals are dismissed on the
ground of smallness of the amount. If the appellants have not
deposited the amount then the same shall be deposited before
the Reference Court within a period of eight weeks from the date
of receipt of this order. If the amount is deposited by the
appellants before the Reference Court, the same shall be
disbursed in favour of the claimants after verifying their bank
details through RTGS / NEFT. Registry is directed to send back
the record and proceedings to the trial Court forthwith.
Pending civil application/s shall stand disposed of
accordingly. Interim relief, if any, granted earlier stands vacated
forthwith.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
