Gujarat High Court
Patel Kaushikkumar Babubhai vs Special Land Acquisition Officer on 25 July, 2025
NEUTRAL CITATION
C/FA/174/2010 JUDGMENT DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 174 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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PATEL KAUSHIKKUMAR BABUBHAI
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR KM SHETH(838) for the Appellant(s) No. 1
MS AGNEYA MANKAD, ASST. GOVERNMENT PLEADER for the
Defendant(s) No. 1
MR AJAY R MEHTA(453) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 25/07/2025
ORAL JUDGMENT
1. Present appeal is filed by the appellant - original claimant
under Section 54 of the Land Acquisition Act, 1894 (hereinafter
be referred to as "the Act") read with Section 96 of the Code of
Civil Procedure Code, 1908 challenging the judgment and award
dated 19.05.2009 passed by the learned Additional District Judge
& Presiding Officer, 3rd Fast Track Court, Mehsana (hereinafter be
referred to as "the Reference Court") in Land Acquisition
Reference No.1999 of 2003 whereby, the Reference Court has
awarded Rs.43.50ps. per square meter, over-and-above the
amount awarded by the Special Land Acquisition Officer which
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C/FA/174/2010 JUDGMENT DATED: 25/07/2025
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comes Rs.69/- per square meter.
2. For the purpose of construction of project of Sarkam Project
for ONGC, the State Government acquired the lands of the
appellant - original claimant situated at Village: Kadi, Taluka:
Kadi, District: Mehsana. A notification under Section 4 of the
Land Acquisition Act (hereinafter be referred to as "the Act")
dated 25.03.2003 has been issued. An amount of Rs.300/- per
square meter has been demanded by the appellant, but the
Special Land Acquisition Officer awarded Rs.25.50ps. per square
meter by passing an award dated 05.12.2003.
3. Being aggrieved, the appellant - original claimant preferred
the aforesaid LAR Case under Section 18 of the Act for additional
compensation of Rs.300/- per square meter. However, the
judgment and award dated 19.05.2009 passed by the learned
Additional District Judge & Presiding Officer, 3 rd Fast Track Court,
Mehsana. This has aggrieved the appellant, has preferred the
present appeal raising various grounds.
4. Heard Mr.K. M. Sheth, learned counsel appearing for the
appellant, Ms.Agneya Mankad, learned Assistant Government
Pleader appearing for respondent No.1 and Mr.Ajay Mehta,
learned counsel appearing for respondent No.2.
5. Mr.Sheth, learned counsel has submitted the same facts
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which are narrated in the memo of appeal. He has relied upon
the order of the Hon'ble Supreme Court in the case of
Godavariben Karshanbhai Patel and others Vs. Group
General Manager and another dated 24.04.2017 passed in
Civil Appeal No. 5541 of 2017 wherein, the Hon'ble Supreme
Court has considered the Notification under Section 4 of the Act
dated 23.09.1984 where the landowners received Rs.30/- per
square meter and the same rate whereby the Reference Court
awarded Rs.124/- per square meter, though the High Court has
interfered with the decision of the Reference Court and reduced
the amount in that circumstances. Mr.Sheth, learned counsel
has submitted that in the present appeal, a Notification under
Section 4 was issued on 25.03.2003, whereas, in relation to the
acquisition of the lands of Village: Nani Kadi, Taluka: Kadi,
District: Mehsana, a Notification under Section 4 was issued on
26.04.1999 so there was a gap of four years in issuance of both
the notification. He has submitted that in the present appeal, the
Special Land Acquisition Officer has awarded compensation of
Rs.25.50ps. per square meter of the land, whereas, in the case of
Village: Nani Kadi, the Special Land Acquisition Officer has
awarded compensation of Rs.30/- per square meter. He has
submitted that in the present appeal, the claimants have
demanded Rs.300/- per square meter, whereas, in earlier group
of matters, the claimants had demanded Rs.150/- per square
meter, thereafter, the matter reached upto the High Court and
subsequently, this Court was pleased to decrease the amount
from the original amount of award and, therefore, the matter
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reached upto the Hon'ble Supreme Court and the Hon'ble
Supreme Court has, ultimately, held that the amount which was
fixed by the Reference Court is just and proper and the award
passed by the Reference Court came to be confirmed. Mr.Sheth,
learned counsel has submitted that in view of the aforesaid facts,
the appeal deserves to be allowed and the award of
compensation deserves to be enhanced.
6. Per contra, Mr.Mehta, learned counsel appearing for
respondent No.2 has submitted that the amount of compensation
awarded by the Reference Court is just and proper and the same
is relating to Village: Kadi and not for Village: Nani Kadi and,
therefore, the decision relied upon on behalf of the appellant is
not applicable to the facts of the present case. He has submitted
that in the said case, the notification under Section 4 was dated
26.04.1999 and in the present case, the date of notification
under Section 4 is 25.03.2003 and the acquisition was in the
year 2003, therefore, considering four years' gap, the appellant
is entitled for 10% rise only. However, Mr.Mehta, learned counsel
is unable to controvert the fact which is observed by the Hon'ble
Supreme Court and the amount of compensation awarded by the
Hon'ble Supreme Court.
7. Considering the submissions made on behalf of the learned
counsel appearing for the respective parties and the decision of
the Hon'ble Supreme Court and the material placed on record,
this Court is of the opinion that the appeal requires consideration
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and the impugned judgment and award deserves to be modified
to the extent.
8. Resultantly, following final order is passed:-
The First Appeal is hereby allowed. The appellant -
claimant of this appeal shall be entitled to get Rs.36/- per square
meter in addition to the amount of Rs.25.50 per square meter
awarded by the Special Land Acquisition Officer and Rs.43.50 per
square meter awarded by the Reference Court, Mehsana the
total amount comes to Rs.105 per square meter. The respondent
shall deposit additional amount of compensation within a period
of eight weeks from the date of receipt of the order. On deposit
of the amount, the same shall be disbursed in favour of the
claimant through RTGS / NEFT and the bank account details
shall be furnished by the counsel for the claimant to the Registry
of the Reference Court, Mehsana. Rest of the judgment and
award shall remain unaltered. Decree be drawn accordingly.
Record and proceedings be sent back to the concerned
Reference Court forthwith.
(HEMANT M. PRACHCHHAK,J)
Dolly
