Gujarat High Court
Deputy General Manager vs Patel Kholidas Manilal -Poa Ofpatel ... on 22 July, 2025
NEUTRAL CITATION
C/FA/3135/2009 JUDGMENT DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3135 of 2009
With
R/FIRST APPEAL NO. 3136 of 2009
With
R/FIRST APPEAL NO. 3137 of 2009
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting No Yes
No
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DEPUTY GENERAL MANAGER
Versus
PATEL KHOLIDAS MANILAL -POA OFPATEL MAINABEN
SHANKERLAL & ANR.
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Appearance:
MR KUNAN B NAIK(3210) for the Appellant(s) No. 1
MS ROSHNI PATEL AGP for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 22/07/2025
COMMON ORAL JUDGMENT
1. All these appeals involve common questions on law and
facts and therefore, the same are disposed of by this common
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C/FA/3135/2009 JUDGMENT DATED: 22/07/2025
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judgment.
2. These appeals have been filed against the common
judgment and award dated 30.01.2009 passed by the learned
Additional District and Sessions Judge (5th Fast Track Judge),
Mehsana, (hereinafter be referred to as "the Reference Court') in
Land Acquisition Reference Case Nos. 3583 of 2003, 3596 of
2003 and 3597 of 2003, whereby, the References were partly
allowed and the present appellants - ONGC was held liable to pay
additional amount of compensation to the original claimants
along with interest and costs.
3. The facts in brief are that the Special Land Acquisition
Officer under the Land Acquisition Act (hereinafter be referred to
as "the Act") made a proposal for acquisition of the lands
situated at Village: Gamanpura, Taluka and District:
Mehsana belonging to the respondents - original claimants for
the public purpose. Notification under Section 4 of the Act was
published on 03.12.1998 and Notification under Section 6 of the
Act was published on 28.04.1999. That the Special Land
Acquisition Officer has acquired the lands by following procedure
as laid down under the provisions of the Act and under Section
11 of the Act, the Special Land Acquisition Officer, considering
the market value, has awarded compensation to the tune of
Rs.9.25 paise per square meter.
3.1 Being aggrieved and dissatisfied with the award passed by
NEUTRAL CITATION
C/FA/3135/2009 JUDGMENT DATED: 22/07/2025
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the Special Land Acquisition Officer, the claimants have
preferred aforesaid References Cases before the Reference Court
and after considering the evidence on record and hearing the
respective parties, partly allowed the Reference Cases and
awarded an additional compensation to the tune of Rs.43.55
paise per square meter over-and-above the compensation
awarded by the Special Land Acquisition Officer.
3.2 Being aggrieved by the impugned judgment and award
passed by the Reference Court, the appellant has preferred the
present appeals.
4. Heard Mr.Kunan Naik, learned counsel for the appellant and
Ms. Roshni Patel, learned Assistant Government Pleader for the
respondent - State of Gujarat and perused the material on
record. Though served nobody appears on behalf of the
respondents - claimants.
5. Mr.Naik, learned counsel for the appellant - ONGC has
submitted that the Reference Court has erred in coming to the
conclusion that the original claimants would be entitled to
additional compensation of at the rate of Rs.44.55/- per square
meter over and above Rs.9.25 paise per square meter awarded
by the Land Acquisition Officer. Learned counsel has submitted
that the Reference Court ought to have held that the Land
Acquisition Officer has rightly awarded the compensation.
Learned counsel has also submitted that the Reference Court
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ought to have considered the fact that no cogent evidence
regarding the fertility of the lands or the crops taken by the
claimants in the said lands and, therefore also, the oral evidence
of the claimants could not have been believed. Learned counsel
for the appellant has also produced on record the judgment of
this Court passed on 29.08.2011 in First Appeal No. 2794 to 2797
of 2008 of the same village, wherein, the appeals were partly
allowed and the award of the Reference Court was reduced from
Rs.40/- per square meter to Rs.36/- per square meter. Mr.Naik,
learned counsel has submitted that considering the aforesaid
facts, the present appeals may be allowed.
6. From the plain reading of the judgment of this Court, it is
clear that the present matters relates to the same Village:
Gamanpura and Notification under Section 4(1) of the Act was
published on 03.12.1998 and Notification under Section 6 of the
Act was published on 28.04.1999. Therefore, it will be
appropriate to dispose of these appeals on the same terms.
7. In view of the judgment of the Coordinate Bench of this
Court, the award of additional compensation awarded by the
Reference Court is reduced from Rs.43.55 paise per square
meter to Rs.36/- per square meter. Therefore, the respondents -
original claimants are entitled to total amount of Rs.36/- per
square meter out of which the Special Land Acquisition Officer
has already awarded an amount of Rs.9.25 paise per square
meter. Now, the respondents - original claimants are entitled to
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additional amount of Rs.26.75 paise which is rounded off to
Rs.27/- per square meter from the appellant over and above an
amount of Rs.9.25 paise per square meter awarded by the
Special Land Acquisition Officer. Award be drawn accordingly in
each appeal.
8. The appeals are partly allowed. There shall be no order as
to costs. Registry is directed to transmit back the record and
proceedings to the concerned Reference Court forthwith.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
