Gujarat High Court

Special Land Acquisition Officer vs Chandubhai Khodabhai on 10 July, 2025

                                                                                                                      NEUTRAL CITATION




                            C/FA/3128/2013                                         JUDGMENT DATED: 10/07/2025

                                                                                                                      undefined




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 3128 of 2013

                                                            With
                                                R/FIRST APPEAL NO. 3133 of 2013
                                                            With
                                                R/FIRST APPEAL NO. 3135 of 2013

                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                       ================================================================

                                   Approved for Reporting                          Yes           No

                       ================================================================
                                        SPECIAL LAND ACQUISITION OFFICER & ORS.
                                                        Versus
                                                CHANDUBHAI KHODABHAI
                       ================================================================
                       Appearance:
                       MS AGNEYA MANKAD, ASST. GOVERNMENT PLEADER for the
                       Appellant(s) No. 1,2,3
                       MR PARV S GUPTA(11850) for the Appellant(s) No. 3
                       MR KM SHETH(838) for the Defendant(s) No. 1
                       ================================================================

                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                               Date : 10/07/2025

                                                    COMMON ORAL JUDGMENT

1. All these appeals involve common questions on law

and facts and therefore, they are disposed of by this

common judgment treating the First Appeal No. 3128 of

2013 as lead matter.

2. Present appeals are fled by the appellants under

NEUTRAL CITATION

C/FA/3128/2013 JUDGMENT DATED: 10/07/2025

undefined

Section 54 of the Land Acquisition Act r/w Section 96 of

the Indian Penal Code challenging the common judgement

and award dated 17.10.2012 passed by the learned

Principal Sr. Civil Judge, Bharuch in L.A.R. Nos.885 of 2010

to 899 of 2010. Present appeals pertain to L.A.R. Nos. 885

of 2010, 894 of 2010 and 897 of 2010.

3. In view of the fact that First Appeal No. 3128 of 2013

is treated as lead matter, facts mentioned in the said First

Appeal are considered. It is the case of the appellant that

the State has acquired the land situated at village

Thanava, Tal. Jambusar, Dist. Bharuch for the public

purpose i.e. for the construction of Jantran Direct Minor 1

canal under Narmada Project and accordingly the land was

acquired. The notification under Section 4 of the Land

Acquisition Act was published on 26.04.2007 and

Notification under Section 6 of the Act was published on

08.05.2008.

3.1 Thereafter, Special Land Acquisition Officer had

passed award on 04.05.2010 in LAQ case No. 4 of 2007

NEUTRAL CITATION

C/FA/3128/2013 JUDGMENT DATED: 10/07/2025

undefined

awarding compensation for the acquired lands at the rate

of Rs.450/- per ARE for non-irrigated lands.

3.2 Being aggrieved and dissatisfied with the same the

claimants have filed Land Acquisition Reference Case Nos.

885 of 2010 to 899 of 2010 before the Reference Court

whereby the Reference Court has awarded Rs.221.78ps.

per sq. mtr. With 12% interest p.a. Being aggrieved and

dissatisfied with the same, the State has preferred present

appeals.

4. Heard learned AGP Ms.Agneya Mankad for the

appellant and learned Advocate Mr.K. M. Sheth for the

respondent - claimant.

5. Ms. Mankad, learned AGP for the appellant-State has

contended that similarly situated respondents, against

whom the State has preferred appeals, some of the

appeals have been settled before the Lok Adalat and

therefore, under such circumstances, it is not open for the

respondents-claimants to raise the contention that the

NEUTRAL CITATION

C/FA/3128/2013 JUDGMENT DATED: 10/07/2025

undefined

appeals were not decided on merits.

5.1 Ms. Mankad, learned AGP has submitted that the

Reference Court has committed an error in exercising the

jurisdiction, which is not vested in it by law. She has also

submitted that the Reference Court has committed an

error in awarding the additional compensation on higher,

side over and above the compensation already awarded

by the Special Land Acquisition Officer.

6. As against that, Mr.Sheth, learned Advocate

appearing on behalf of the respondent - original claimant

has raised an objection with regard to considering the First

Appeal on its merits. Learned Advocate has submitted that

as such, the impugned judgement and award was passed

in a common group of 15 LAR cases, wherein, in some of

the LARs, the appellant State either did not file any appeal

or having filed appeals, have not contested the same

more particularly since, as per the policy of the State

Government, any amount awarded less than Rs.5,00,000/-

would be treated as a petty claim, against which no

NEUTRAL CITATION

C/FA/3128/2013 JUDGMENT DATED: 10/07/2025

undefined

appeal is required to be filed or to be heard on merits.

6.1 Mr. Sheth, learned counsel for the respondents has

submitted that so far as present appeals are concerned

additional amount is awarded @ Rs.221.78ps. per sq. mtr.

in addition to the amount which was awarded by the

Special Land Acquisition Officer and according to learned

counsel for the respondent since the additional amount

awarded was exceeding of Rs.5,00,000/- and therefore,

present appeals have been filed. He would submit that the

State has taken decision either not to file an appeal or

having filed an appeal but not to contest the same in 15

other LAR cases of the very selfsame group, the State

Government may not be permitted to adopt the policy of

pick and choose.

6.2 Mr.Sheth, learned counsel for the respondent has

relied upon the decision of the Hon'ble Apex Court in case

of Shivappa Etc. Etc. Vs. The Chief Engineer & Ors.,

in Civil Appeal Nos.2694-2700 of 2023, wherein the

Hon'ble Apex Court had inter alia observed that in a

NEUTRAL CITATION

C/FA/3128/2013 JUDGMENT DATED: 10/07/2025

undefined

similar situation, where group of appeals were preferred

against a common judgement and award, and whereas the

State Government had withdrawn some of the appeals,

therefore, the State Government could not be permitted to

contest the other appeals. 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 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."

7. Considering the law laid down by the Hon'ble Apex

Court and considering the submissions on behalf of

learned advocates, since the appellant does not dispute

the fact that the appellant either, after having preferred

appeals in some LAR Cases, had withdrawn some of them

as the claim as per the Circular was petty claim and

NEUTRAL CITATION

C/FA/3128/2013 JUDGMENT DATED: 10/07/2025

undefined

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