Gujarat High Court
Special Land Acquisition Officer vs H/O Chandrasinh Bharatsinh Chauhan, ... on 8 July, 2025
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C/FA/2118/2011 JUDGMENT DATED: 08/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2118 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
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SPECIAL LAND ACQUISITION OFFICER & ORS.
Versus
H/O CHANDRASINH BHARATSINH CHAUHAN, MAIYATSINH
BHARATSINH & ORS.
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Appearance:
MS ROSHNI PATEL AGP for the Appellant(s) No. 1,2,3
MR MM SAIYED(1806) for the Defendant(s) No. 10,11,12,2,3,4,5,6,7,8,9
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 08/07/2025
ORAL JUDGMENT
1. The present First Appeal is filed under Section 54 of
the Land Acquisition Act, 1894 read with Section 96 of
the Civil Procedure Code challenging the judgment and
award passed by the Reference Court (2nd Additional
Senior Civil Judge, Bharuch) dated 17.06.2010 in Land
Reference Case Nos.2004 of 1993 to 2006 of 1993 on the
grounds stated in the memo of first appeals.
2. Heard learned AGP Ms. Roshni Patel for the
appellant and learned counsel, Mr.M.M. Saiyed for
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the respondentsoriginal claimants.
3. Learned AGP Ms. Patel, has tried to submit that the
claimants have failed to discharge their burden
with regard to the nature of the land, yield etc. It is
also submitted that the Court below has
committed an error in comparing two lands on the basis
the previous award in case of Village : Sudi. It
is, therefore, submitted that the enhancement
should not be made to the tune of Rs.40.00 per
sq.mtrs., which is on higher side.
4. Learned counsel, Mr.Saiyed has referred to and
relied upon the judgment of this Court delivered in First
Appeal No.3839/2011 and submitted that in respect of
some land acquired for the same purpose, the State
has preferred Appeal, which has not been entertained,
to which, learned AGP has not been able to
dispute on facts. Learned counsel, Mr.Saiyed has
submitted that the Reference Court has considered
relevant aspect like nature of land, situation, the
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prospect of the development and the previous award in
respect of other land of Village : Sudi. He has
also referred to the above judgment of this Court
in First Appeal No.3839/2011 and submitted that
as this Court has declined to interfere with the
acquisition of the land and the Award of the
Reference Court for the land of same village, the present
Appeal may not be entertained.
5. In view of the rival submissions, it is required to be
considered whether the present First Appeals can be
entertained or not.
6. As it transpires from the impugned award, the
lands of the original claimants situated at Village :
Vachhanad, Bharuch were acquired for the public
purpose under Narmada Project by issuing
notification under Sections 4 and 6 of the Land
Acquisition Act dated 5.6.1990 and 7.6.1991 respectively.
Thereafter, the Land Acquisition Officer vide his award
dated 20.04.1992 awarded compensation for an amount
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of Rs.180/. Against which, the original claimants
have preferred above referred References under Section
18 of the Land Acquisition Act for enhancement of the
claim. The Reference Court after considering the
relevant aspects including the quality/fertility of the
land, yield as well as prospect of the development
and the previous award in respect of other
nearby lands of Village : Sudi, has passed the
award for additional compensation at the rate of
Rs.40/- per sq.mtrs.
7. As it is evident from the material and
evidence that the Reference Court has considered in
detail with regard to the relevant aspects like nature of
land, yield and/or prospect of development. The
Reference Court has also taken into consideration the
previous award in respect of the land of Village :
Sudi and found that it is assessment to the land in
question acquired in the present case of Village : Sudi,
which is adjacent to the land in question, which cannot be
said to be erroneous. It is well accepted that the
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previous award in respect of similar land or land,
which is adjacent and situated nearby could also be
considered as a guide for arriving at market value.
Therefore, considering the facts and circumstances as
well as rival submissions as also the impugned award, it
cannot be said that the Court below has committed any
error. Therefore, this Court is in complete agreement
with the findings, reasonings and conclusion arrived at
by the Reference Court, which does not call for
any interference. Accordingly, the First Appeal
deserves to be dismissed and accordingly stands
dismissed.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
