Land Acquisition Officer vs Gabhaji Karnaji Thakore
2025 Latest Caselaw 1539 Guj

Gujarat High Court

Land Acquisition Officer vs Gabhaji Karnaji Thakore on 31 July, 2025

                                                                                                                NEUTRAL CITATION




                             C/FA/2187/2012                                    JUDGMENT DATED: 31/07/2025

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                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/FIRST APPEAL NO. 2187 of 2012


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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                            Approved for Reporting    Yes     No

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                                   LAND ACQUISITION OFFICER & ANR.
                                                  Versus
                                    GABHAJI KARNAJI THAKORE & ORS.
                       =======================================
                       Appearance:
                       MS ROSHNI PATEL AGP for the Appellant(s) No. 1,2
                       RULE SERVED for the Defendant(s) No. 1,2,3,4
                       =======================================
                        CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                        Date : 31/07/2025

                                                        ORAL JUDGMENT

1. By way of this appeal, the appellants have challenged the judgment and award dated 29.08.2018 passed by the learned Reference Court being learned Principal Senior Civil Judge, Gandhinagar in LAR Nos.929 to 939 of 1998 (main LAR No.929 of 1998) whereby the Reference Court has awarded Rs.181/- per square meter for the acquired land as an additional compensation over and above the compensation awarded by the Land Acquisition Officer together with solatium and interest.

NEUTRAL CITATION

C/FA/2187/2012 JUDGMENT DATED: 31/07/2025

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2. Being aggrieved and dissatisfied with the impugned judgment and award, the appellants have preferred the present appeal.

3. Heard learned Assistant Government Pleader for the appellants. Though served, nobody appears on behalf of the respondents - claimants.

4. It appears that during the pendency of this appeal, another group of appeals filed by the appellant - State of Gujarat, 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 the amount involved in the present appeal is exceeded the limit, the State Government cannot be permitted to contest the appeal/s and challenged the impugned judgment and award in view of the decision of the Hon'ble Supreme Court in the case of Shivappa Etc. Vs. The Chief Engineer and others reported in 2023 LiveLaws SC 312. Relevant observations at paragraphs 9 to 11 are reproduced herein below for benefits:-

"9. In the said case also, the Reference Court had granted compensation at the rate of Rs.4,61,250/- per acre. The High Court, vide order dated 8.3.2016 has allowed the said appeal(s) to be withdrawn and the same had been placed on record before this Court in I. A. No.59170 of 2016. Though a period of more than six years had lapsed, the said position is not contested by the respondents.

10. The State or its instrumentalities cannot be permitted to adopt an attitude of pick and choose.

11. If the State has accepted the award of the Reference

NEUTRAL CITATION

C/FA/2187/2012 JUDGMENT DATED: 31/07/2025

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Court in respect of some of the claimants, it cannot be permitted to adopt a different treatment to the other claimants. Such an attitude smacks of patent discrimination."

5. Considering the law laid down by the Hon'ble Apex Court, since the appellant does not dispute the fact that the appellant either, after having preferred appeals, some appeals had withdrawn as the claim as per the Circular was petty claim and thereafter, merely on account of the fact that the additional amount awarded to the present claimants exceeds the cut-off for a petty claim, the State would not be permitted to question the same, more particularly since the State has accepted the very same award of the learned Reference Court with regard to other claimants. As observed by the Hon'ble Apex Court, such an attitude would smack of patent discrimination and cannot be countenanced.

6. In view of the above, the appeal is dismissed. 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 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.

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL