Gujarat High Court
State Of Gujarat Through Spl.Land ... vs Bhimabhai Khimabhai (Expired On ... on 28 July, 2025
NEUTRAL CITATION
C/FA/708/2009 JUDGMENT DATED: 28/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 708 of 2009
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
=======================================
Approved for Reporting Yes No
No
=======================================
STATE OF GUJARAT THROUGH SPL.LAND ACQUISITION OFFICER &
ANR.
Versus
BHIMABHAI KHIMABHAI (EXPIRED ON 25.6.2014 THROUGH HIS
LEGAL HEIRS AND REPRESENTATIVES & ORS.
=======================================
Appearance:
MS KRISHNA DESAI AGP for the Appellant(s) No. 1,2
MR KIRTIDEV R DAVE(3267) for the Defendant(s) No.
1.1,1.2,1.3,1.4.1,1.4.2,1.4.3,1.4.4,1.4.5,1.5,1.6,1.7,1.8,1.9,2,3
RULE SERVED for the Defendant(s) No. 1
=======================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 28/07/2025
ORAL JUDGMENT
1. This appeal is filed under Section 54 of the Land Acquisition
Act and Section 96 of the Civil Procedure Code against the
impugned judgment and award dated 28.03.2007 passed by the
learned 6th Additional Principal Senior Civil Judge, Surendranagar
NEUTRAL CITATION
C/FA/708/2009 JUDGMENT DATED: 28/07/2025
undefined
in Land Acquisition Reference Cases No.4 of 2000 to 22 of 2000
whereby the Reference Court has awarded the compensation
and awarded additional amount of Rs.25.75 per square meter for
irrigated lands and Rs.22.50 per square meter for non-irrigated
lands.
2. 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, First
Appeals No.711/2009, 712/2009, 713/2009, 714/2009, 717/2009,
718/2009, 719/2009, 720/2009, 721/2009, 722/2009, 723/2009,
724/2009, 725/2009 and 726/2009 filed by the appellants - State
Authorities, which covers the issue involved in the present
appeal, were withdrawn in the Lok Adalat. Since the claim in the
said appeals was settled in the Lok Adalat and in the present
appeal, 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
6. In view of the above, the appeal is 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
NEUTRAL CITATION
C/FA/708/2009 JUDGMENT DATED: 28/07/2025
undefined
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
