Gujarat High Court
Legal Heirs Of Decd Patel Ramiben ... vs State Of Gujarat on 31 July, 2025
NEUTRAL CITATION
C/FA/1745/2024 ORDER DATED: 31/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1745 of 2024
==========================================================
LEGAL HEIRS OF DECD PATEL RAMIBEN NAGJIBHAI & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR RAKESH R PATEL(3239) for the Appellant(s) No.
1,1.1,1.2,1.3,1.4,1.5,2,3,4
MR SANJAY UDHWANI, AGP for the Defendant(s) No. 1
MR RUTVIJ S OZA (5594) for the Defendant(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 31/07/2025
ORAL ORDER
1. Heard learned advocate Mr. Rakesh R. Patel for the
appellants, learned AGP Mr. Sanjay Udhwani for respondent No.1
and learned advocate Mr. Rutvij S. Oza for respondent No.2.
Perused the record.
2. At the outset, learned advocate appearing for the
appellants has submitted that the issue is squarely covered by
the common oral judgment dated 15.7.2025 passed by the this
Court in First Appeal No.1999 of 2017 and allied matters. It is
further submitted that since the issue is squarely covered, this
Court may pass similar order in this matter too.
3. For the sake of convenience, order dated 15.7.2025 passed
by this Court in First Appeal No.1999 of 2017 and allied matters
is reproduced hereunder:
"1. Present appeals are filed by the appellants-claimants under
Section 54 of the Land Acquisition Act against the judgment
NEUTRAL CITATION
C/FA/1745/2024 ORDER DATED: 31/07/2025
undefined
and award dated 2.3.2015 passed by the learned Principal
Senior Civil Judge, Banaskantha at Palanpur, (hereinafter
referred to as the "Reference Court") in Land Acquisition
Reference Case No.79 to 88 of 2000 (Main L.A.R. No.- 87 of
2000) whereby the Reference Court has directed original
opponent to pay an amount of Rs.48.45 ps. Per Sq.Mtr. and
Rs.38.75 ps. Per Sq.Mtr for piyat and bin-piyat lands
respectively to the claimants with 12% interest.
2. The facts giving rise to present appeals are that the
lands of present claimants situated in village Devpura, Ta. Vav,
Dist. Banaskantha were acquired for the purpose of
constructing of main Canal of Narmada Project. For the said
purpose, Section 4 Notification was issued on 5.2.1997 and
thereafter, Section 6 Notification was issued on 10.7.1997.
Thereafter, under Section 11 of the Act, the Land Acquisition
Officer has awarded compensation of Rs.18,600.00 per hector
for irrigated land and Rs.12,400.00 per hector for non-irrigated
land.
2.1 Being aggrieved and dissatisfied with the same the
appellants original claimants have filed application under
Section 18 of the Special Land Acquisition Act requesting the
Special Land Acquisition Officer to refer the matter to the Court
of law. Hence, the matter was referred to the concerned
Reference Court for deciding the reference of the appellants-
original claimants.
2.2 After perusing the relevant materials and after considering
the oral as well as the documentary evidence, the Reference
Court partly allowed the said references and awarded
additional amount of compensation of of Rs.48.45 ps. Per
Sq.Mtr. and Rs.38.75 ps. Per Sq.Mtr for piyat and bin-piyat
lands respectively with 12% interest in addition to the amount
awarded by the Special Land Acquisition Officer. Being
aggrieved and dissatisfied with the said impugned judgment
and award the appellants-original claimants have preferred
present appeals.
3. Mr. Prajapati, learned advocate for the appellants has
submitted that the amount awarded by the Reference is on
very lower side in comparison of the other adjoining lands
situated at village Sandhar. He has submitted that for the
adjoining lands situated at village Sandhar, the Reference
Court has awarded Rs.96.55 ps. Per Sq. Mtr. over and above
the compensation awarded by the Special Land Acquisition
Officer.
3.1 Mr.Prajapati, learned advocate for the appellants has
submitted that the Sandhar is the adjoining village of the
present village Devpura having adjoining boundary. He has
NEUTRAL CITATION
C/FA/1745/2024 ORDER DATED: 31/07/2025
undefined
further submitted the award passed by the Reference Court in
village Sandhar, is accepted by the State Government. He has
produced on record the copies of the award passed by the
Reference Court in village Sandhar and the letter of
acceptance issued by the State Government with regard to the
said reference case. Relying upon the same, Mr. Prajapati,
learned advocate for the appellants urges before the Court
that the impugned judgment and award passed by the
Reference Court may be modified to that extent and the
additional amount, as per the award passed by the Reference
Court in adjoining village Sandhar may be awarded in present
appeals also.
4. In view of the above submissions, learned AGP has
fairly conceded that the State Government has already
accepted the award passed in village Sandhar, which is
adjoining village and only 3.00 k.ms. away from present village
i.e. Devpura and having adjoining boundary, therefore,
appropriate order may be passed in the present appeals.
5. I have perused the materials available on record and
relevant documents. I have also gone through the impugned
judgment and award passed by the Reference Court and
examined the record and proceedings of the case.
6. It appears from the impugned judgment and award that
the Reference Court has awarded the amount of Rs.48.45 ps.
per Sq. Mtr. for the irrigated land and 38.75 per Sq. Mtr, for
non-irrigated land in addition to the amount awarded by the
Special Land Acquisition Officer.
7. I have personally examined the record and map produced
on record. It appears from map that the distance between
present village Devpur and village adjoining village Sandhar is
only 3.00 k.ms. Further, for Sandhar village, after considering
the facts and circumstances of the case, additional
compensation has already been awarded by this Court.
8. In view of the above, I am of the opinion that the
judgment and award passed by the Reference Court for village
Sandhar, is applicable to present case as well. Hence, the
additional amount of Rs.96.55 ps. Per Sq.Mtr. is required to be
awarded for both the type of land including irrigated and non-
irrigated land in addition to the amount awarded by Reference
Court in present case.
9. For the foregoing reasons, present appellants are
entitled to get an amount of compensation of Rs.96.55 ps. Per
Sq.Mtr. for both types of lands including irrigated and non-
irrigated land, in addition to the amount of compensation
awarded by Reference Court.
NEUTRAL CITATION
C/FA/1745/2024 ORDER DATED: 31/07/2025
undefined
10. The amount of compensation of Rs. 96.55 ps Per Sq.
Mtr. shall be deposited by the respondent before the
concerned Reference Court within period of 8 weeks from the
date of receipt of copy of present order along with the
appropriate interest and solatium.
11. On deposit of the amount, the same shall be disbursed
in favour of all the claimants through R.T.G.S./N.E.F.T., after
following appropriate procedure.
12. All these appeals are partly allowed. The impugned
judgment and award dated 2.3.2015 passed by the Reference
Court in Land Acquisition Reference Case No.79 to 88 (Main
LAR- 87 of 2000) is hereby modified to the aforesaid extent. No
order as to costs."
4. In view of above, following order is passed:
4.1. In view of the above, I am of the opinion that
the judgment and award passed by the Reference Court for
village Sandhar, Taluka; Vav, is applicable to present case
as well. Hence, the additional amount of Rs.96.55 ps. Per
Sq.Mtr. is required to be awarded for both the type of land
including irrigated and non-irrigated land in addition to the
amount awarded by Reference Court in present case.
4.2. For the foregoing reasons, present appellants
are entitled to get an amount of compensation of Rs.96.55
ps. Per Sq. Mtr. for both types of lands including irrigated
and non-irrigated land, in addition to the amount of
compensation awarded by learned Land Acquisition Officer.
However, it is made clear that whatever amount awarded
by the learned Reference Court would require to be
deducted by the learned Reference Court out of the
amount of compensation of Rs.96.55 per square meter
NEUTRAL CITATION
C/FA/1745/2024 ORDER DATED: 31/07/2025
undefined
within period of 8 weeks from the date of receipt of copy of
present order along with the appropriate interest and
solatium. While making the payment, the Tribunal shall
deduct the deficit courts fees, if not paid, in accordance
with Rules / Law as well as learned Tribunal shall also take
care of the order passed in Civil Application No.496 of 2024
dated 15.4.2024 wherein it has been observed that the
applicants shall waive interest for the period of delay of
2367 days caused in preferring the captioned appeal.
4.3. On deposit of the amount, the same shall be
disbursed in favour of all the claimants through R.T.G.S. /
N.E.F.T / Account Payee Cheque, after following appropriate
procedure.
4.4. This appeal is partly allowed. The impugned
judgment and award dated 2.3.2015 passed by the
Reference Court in Land Acquisition Reference Case No.81
of 2000 (Main LAR- 87 of 2000) is hereby modified to the
aforesaid extent. No order as to costs.
(D. M. DESAI,J)
vk
