Gujarat High Court
General Manager vs Jagubhai Khodabhai Patel on 25 July, 2025
NEUTRAL CITATION
C/FA/4519/2009 JUDGMENT DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4519 of 2009
With
R/FIRST APPEAL NO. 4520 of 2009
With
R/FIRST APPEAL NO. 4521 of 2009
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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GENERAL MANAGER
Versus
JAGUBHAI KHODABHAI PATEL & ANR.
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Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
MS KRISHNA DESAI, ASST. GOVERNMENT PLEADER for the Defendant(s)
No. 2
MR AV PRAJAPATI(672) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 25/07/2025
COMMON ORAL JUDGMENT
1. Present First Appeals are filed by the appellant - Oil
& Natural Gas Corporation Limited against the common
judgment and award dated 25.02.2008 passed by the
learned 9th Additional Senior Civil Judge, Mehsana
(hereinafter referred to as 'the Reference Court') in Land
Acquisition Reference Nos. 4496 of 2003 to 4498 of 2003
whereby, the learned Judge partly allowed the Reference
filed by the respective respondents - original claimants
NEUTRAL CITATION
C/FA/4519/2009 JUDGMENT DATED: 25/07/2025
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and awarded additional rental compensation, over and
above the rent awarded by the Special Land Acquisition
Officer.
2. The short facts giving rise to present appeal are that,
the lands situated at Village Balol, Taluka and District
Mehsana were acquired for the public purpose of ONGC -
SNFF Project. That, notification under section 4 of the Land
Acquisition Act was published on 04.10.1996 and
declaration under section 6 of the Act was published on
23.09.1997. That, the Land Acquisition Officer, after
issuing notice to the claimants and after hearing the
claimants and considering the evidence led by the
claimants, passed an award awarding compensation at the
rate of Rs.9/- per sq. mtr. Being aggrieved by the award of
the Land Acquisition Officer, the claimants sought
References before the Reference Court claiming
compensation at the rate of Rs.200/- per sq.mtr., whereby,
the Reference Court partly allowed the References and
awarded compensation of Rs.44/- per sq. mtr., over and
above the amount of compensation already awarded by
the Special Land Acquisition Officer with 12% interest on
additional amount of compensation.
3. Being aggrieved and dissatisfied with the aforesaid
judgment and award passed by the Reference Court, the
appellant ONGC has filed the present First Appeals under
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C/FA/4519/2009 JUDGMENT DATED: 25/07/2025
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Section 54 of the Land Acquisition Act & Section 96 of the
Code of Civil Procedure.
4. Heard learned advocate Mr. Ajay Mehta, appearing
for the appellant - ONGC, learned advocate Mr. A.V.
Prajapati, appearing for the respondent No.1 - original
claimant and learned Assistant Government Pleader Ms.
Krishna Desai, appearing for the respondent No.2.
5. Learned advocate Mr. Mehta has submitted that the
impugned judgment and award passed by the Reference
Court is contrary to law and against the facts on record.
He has submitted that the amount of Rs.44/- awarded by
the Reference Court, over and above the compensation
already awarded by the Special Land Acquisition Officer, is
on higher side and unjust. Learned advocate Mr. Mehta
has referred to Exh.-12 judgment rendered in case of
Reference preferred pertaining to same village Balol and
submitted that in that case, Section 4 notification was
dated 31.07.1986 and in the present case, the date of
notification is 04.10.1996 i.e. there is a gap of 10 years in
issuance of both the notification and in view of the same,
10% rise per year is required to be considered which
comes to total market value of Rs.34/- per sq. mtr.,
however, in the present case, the Reference Court has
awarded Rs.44/- per sq. mtr. which is on very higher side
and thus, the same is required to be reduced to Rs.34/- in
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C/FA/4519/2009 JUDGMENT DATED: 25/07/2025
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total instead of Rs.53/-. Over and above the grounds
agitated in the memo of appeal, learned advocate Mr.
Mehta has urged that the present appeal is required to be
allowed and the impugned judgment and award is
required to be appropriately modified.
6. Per contra, Mr.Prajapati, learned counsel appearing
for respondent No.1 - original claimant has submitted that
the amount of compensation awarded by the Reference
Court is just and proper and the Reference Court has
awarded the amount after considering the facts of the
case and after considering the evidence led before the
Court and therefore, the impugned judgment and award
passed by the Reference Court is just and proper and no
interference is required to be called for in the present
appeal and the present appeal be dismissed.
7. I have heard the learned advocates appearing for the
respective parties and perused the material placed on
record. I have also gone through the Record &
Proceedings and the impugned judgment and award
passed by the Reference Court. In the facts of the case,
keeping in mind 10% increase per year, the contention of
the learned advocate appearing for the appellant is
required to be considered and if it is considered, Rs.34/-
per sq. mtr. would be the just compensation. The Special
Land Acquisition Officer has awarded Rs.9/- per sq. mtr.
NEUTRAL CITATION
C/FA/4519/2009 JUDGMENT DATED: 25/07/2025
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and hence, in view of the aforesaid, the respondent is
entitled for additional compensation @ Rs.25/- per sq. mtr.
Therefore, the present appeal is required to be partly
allowed and the impugned judgment and decree passed
by the Reference Court is required to be modified to the
extent that instead of Rs.44, the claimant is entitled to
Rs.25/- per sq. mtr. and the excess amount paid by the
appellant - ONGC is required to be refunded to the
appellant.
8. In view of above, the respondent - original claimant
is entitled for compensation to the tune of Rs.25 per sq.
mtr. instead of Rs.44 per sq. mtr. as awarded by the
Reference Court and the excess amount (Rs.44/- - Rs.25/-
= Rs.19/-) be refunded to the appellant.
8.1 The amount deposited by the appellant - ONGC
before the Reference Court is to be disbursed in favour of
the respondent - original claimant, after deducting the
excess amount as aforesaid and the same shall be
refunded to the appellant - ONGC alongwith interest
accrued on it, after following due procedure through
RTGS/NEFT.
8.2 In view of the aforesaid the impugned judgment and
award dated 25.02.2008 passed by the learned 9 th
Additional Senior Civil Judge, Mehsana in Land Acquisition
NEUTRAL CITATION
C/FA/4519/2009 JUDGMENT DATED: 25/07/2025
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Reference Nos. 4496 of 2003 to 4498 of 2003, is hereby
modified to the aforesaid extent.
9. Accordingly, the appeal is party allowed. No order as
to costs.
10. Record and proceedings, if any, be sent back to the
concerned Court forthwith.
(HEMANT M. PRACHCHHAK,J)
Dolly
