Gujarat High Court
Pathan Ikbal Latifkhan vs State Of Gujarat on 1 July, 2025
NEUTRAL CITATION
C/FA/110/2023 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 110 of 2023
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2022
In R/FIRST APPEAL NO. 110 of 2023
With
R/FIRST APPEAL NO. 111 of 2023
With
R/FIRST APPEAL NO. 112 of 2023
With
R/FIRST APPEAL NO. 113 of 2023
With
R/FIRST APPEAL NO. 114 of 2023
With
R/FIRST APPEAL NO. 115 of 2023
With
R/FIRST APPEAL NO. 116 of 2023
With
R/FIRST APPEAL NO. 117 of 2023
With
R/FIRST APPEAL NO. 118 of 2023
With
R/FIRST APPEAL NO. 1635 of 2024
With
R/FIRST APPEAL NO. 1636 of 2024
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PATHAN IKBAL LATIFKHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RAKESH R PATEL(3239) for the Appellant(s) No. 1
MS DEVANSHI PATEL, AGP for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 01/07/2025
COMMON ORAL ORDER
1. By way of present First Appeals filed under Section 54 of
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the Land Acquisition Act, 1889 read with Section 96 of the Code
of Civil Procedure, 1908, the appellants herein - original
claimants have challenged the common judgment and award
dated 1.1.2013 passed by the learned 4 th Additional Senior Civil
Judge, Vijapur, District Mehsana in Land Acquisition Reference
Case Nos.1147/2011 to 1164/2011.
2. Heard learned advocate Mr. R. R. Patel for the appellants
and learned Assistant Government Pleader Ms. Devanshi Patel
for the respondent-State in all the appeals. Though served, none
appeared for respondent No.2.
3. With the consent of learned advocates appearing for
respective parties, these First Appeals are taken up for final
hearing today.
4. The short facts arising from the record as under :-
5. That the respondent authority issued Notification under
Section 4 of the Land Acquisition Act, 1889 (hereinafter referred
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to as "Acquisition Act") on 29.01.2008 for acquisition of lands
situated at village Sardarpur, Taluka Vijapur, District Mehsana
(hereinafter referred to as "lands in question") for the purpose of
Dharoi Canal Yojna and thereafter, the learned Special Land
Acquisition Officer passed the award on 31.12.2008 under
Section 11 of the Acquisition Act and awarded compensation at
the rate of Rs.12/- per Sq. Meter.
6. That, the appellants herein - original claimants being
aggrieved and dissatisfied with the amount of compensation,
made reference under Section 18 of the Acquisition Act before
the competent Civil Court, which was numbered as Land
Acquisition Reference Case No.1147 of 2011 along with other
reference cases filed by similarly situated farmers.
7. After considering the evidence on record, learned
Reference Court partly allowed the reference cases and
opponents were directed to pay additional compensation to the
claimants @ Rs.137/- per square meter with statutory benefits.
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8. Being aggrieved and dissatisfied with the amount of
compensation, the claimants are before this Court by filing the
present First Appeals.
9. Learned advocate appearing for the appellants - original
claimants would submit that land of village Sardarpur was
acquired for the purpose of Canal Yojna. The various land
reference Cases bearing Land Reference Cases Nos.151 of 2015
to 163 of 2015 came to be filed by the claimants for
enhancement of compensation. The learned Reference Court
partly allowed the reference cases by awarding additional
compensation of Rs.555.73 per square meter (Rs.586-31) with
statutory benefits. The said was challenged by State by way of
filing First Appeal No.896 of 2020 and allied matters before the
Coordinate Bench of this Court, wherein, by decision dated
24.2.2025, the Coordinate Bench has dismissed the appeals of
State and confirmed the compensation @ Rs.586.73 per square
meter. In the present appeals, the only difference is with regard
to the date of notification. In the reference Cases Nos.151 of
2015 and allied matters, Section 4 notification was published on
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25.3.2011 whereas, in the present case, it was published on
29.1.2008. It is contended that when the issue before the
Coordinate Bench is akin to the issue involved in the present
appeals, the First Appeals be allowed accordingly.
10. On the other hand, learned Assistant Government Pleader
would submit that the other land owners of village Sardarpur had
challenged the common judgment and award dated 20.6.2017
passed by learned Principal Civil Judge, Vijapur in land reference
Cases bearing Land Reference Cases Nos.151 of 2015 to 163 of
2015 and in the said reference cases, the compensation has
been awarded @ Rs.586.73 per square meter. The said decision
was assailed before this Court by preferring First Appeal Nos.896
of 2020 and allied matters which came to be dismissed vide
order dated 24.2.2025 by holding the compensation @ Rs.586.73
Paisa. Copy of said decision is placed on record which is taken on
record.
11. I have heard learned advocates appearing for the
respective parties and perused the impugned common judgment
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and award in the present First Appeals. The challenge in the
present appeals by the appellants is that the learned Reference
Court has not taken into consideration the three crops which
were taken during the year and the award of additional
compensation of Rs.137/- per square meter is neither adequate
nor fair and just. It appears that agricultural land situated in
village Sardarpur was acquired for construction of Dharoi Canal
Yojna and the notification under Section 4 of the Act was
published on 29.1.2008 and notification under Section 6 of the
Act was published on 15.4.2008. The learned Special Land
Acquisition Officer determined the compensation @ Rs.12/- per
square meter. The learned Reference Court while deciding the
reference cases filed by the respective claimants enhanced the
compensation to Rs.137/- per square meter with statutory
benefits. The undisputed fact which is culled out from the record
is that in the land reference Cases bearing Land Reference Cases
Nos.151 of 2015 to 163 of 2015 for the same village, the learned
Reference Court awarded compensation of Rs.586.73 Paisa per
square meter which was assailed by the State before this Court
by filing first appeal No.896 of 2020 and allied matters which
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were came to be dismissed vide order dated 24.2.2025 by
upholding the compensation of Rs.586.73 awarded by the
learned Reference Court.
12. The only question remains for consideration is that in the
land reference Cases bearing Land Reference Cases Nos.151 of
2015 to 163 of 2015, section 4 notification was published on
25.3.2011 whereas in the present case, it is published on
29.1.2008. The duration between 2 notifications is almost 39
months. Therefore, the deduction is required to be considered
while determining the market value of the land in question.
When there is a substantial gap between the 2 notifications, it
would be appropriate to deduct 10% decrease on the market
value of the land in question.
13. In the present case, the judgment and award in the land
reference cases is required to be modified and the claimants are
entitled to compensation of Rs.396/- (Rs.586-190) per square
meter (Rs.586X10X39 months / 100X12 + Rs.190.45, rounded off
as Rs.190/-). The Special Land Acquisition Officer and the learned
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reference Court has determined the market value of the land in
question @ Rs.12/- and Rs.137/- per square meter. Therefore, the
additional compensation would come to Rs.253/- per square
meter.
14. In view of the above, present First Appeals are partly
allowed. Thereby, the claimants are entitled to Rs.253/- per
square meter as additional compensation with statutory benefits.
The enhanced amount of compensation shall be deposited within
a period of six weeks from the date of receipt of copy of this
order before the learned Reference Court and learned Reference
Court shall disburse in favour of the claimants after following due
procedure of law by Account Payee Cheque / NEFT / RTGS. While
making the payment, the Tribunal shall deduct the deficit courts
fees, if not paid, in accordance with Rules / Law.
15. In view of partly allowing of the main matter, connected
Civil Application stands disposed of accordingly.
(D. M. DESAI,J)
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