Special Land Acquisition Officer vs Thakor Jagaji Dhulaji
2025 Latest Caselaw 804 Guj

Gujarat High Court

Special Land Acquisition Officer vs Thakor Jagaji Dhulaji on 11 July, 2025

                                                                                                                 NEUTRAL CITATION




                            C/FA/179/2015                                      JUDGMENT DATED: 11/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 179 of 2015


                      FOR APPROVAL AND SIGNATURE:


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

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                                       SPECIAL LAND ACQUISITION OFFICER & ANR.
                                                       Versus
                                            THAKOR JAGAJI DHULAJI & ORS.
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                      Appearance:
                      MS DEVANSHIBA RANA, ASST. GOVERNMENT PLEADER for the
                      Appellant(s) No. 1,2
                      MR AV PRAJAPATI(672) for the Defendant(s) No. 1.1
                      RULE SERVED for the Defendant(s) No. 1.2,1.3,1.4,1.5,1.6
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                        CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                              PRACHCHHAK

                                                           Date : 11/07/2025

                                                          ORAL JUDGMENT

1. Present appeal is filed by the appellant - State Authorities against the common judgment and award dated 03.01.2014 passed by the learned Principal Senior Civil Judge, Kadi in Land Reference Case Nos. 1209 of 2013 to 1211 of 2013 alongwith LRC No. 1213 of 2013 & 1214 of 2013 preferred under Section 18 of the Act, whereby, the learned Judge has awarded additional compensation of Rs.132.00p. per sq. mtr. for the acquired lands over and above the compensation already awarded by the Special Land Acquisition Officer.

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C/FA/179/2015 JUDGMENT DATED: 11/07/2025

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2. Brief facts giving rise to the present appeal are that, the respondents were having their lands situated at village: Nanikadi, Tal.: Kadi, Dist.: Mehsana which was acquired for the public purpose i.e. O.D.R.B. of Narmada Yojana Kadi to Rangpurda Canal. That, Section 4 Notification was issued on 03.10.2003 and Notification under Section 6 was issued on 11.08.2004. That, the Special Land Acquisition Officer awarded an amount of Rs. 7.50 per square meter by an award dated 31.07.2006, which was challenged by filing Land Acquisition Reference Case under Section 18 of Land Acquisition Act. That, the respondents had filed Reference to get compensation at the rate of Rs. 200/- per square meter, whereby, the Reference Court granted additional compensation at the rate of Rs.132 per sq.mt. by common judgment and award dated 03.01.2014.

3. Being aggrieved and dissatisfied with the aforesaid common judgment and award dated 03.01.2014 passed by the learned Principal Senior Civil Judge, Kadi in Land Reference Case No.1209 of 2013 to 1211 of to 2013 alongwith LRC No. 1213 of 2013 & 1214 of 2013, the appellants have preferred this Appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code, 1908.

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C/FA/179/2015 JUDGMENT DATED: 11/07/2025

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4. Heard learned advocates appearing for the respective paries and also perused the original record and proceedings.

5. Learned Assistant Government Pleader Ms. Rana, appearing for the appellant - State Authorities has submitted that, the State of Gujarat had preferred appeal being First Appeal No. 5241 of 2008 pertaining to same village, wherein, this Court had allowed the appeal and refused to increase the amount of compensation awarded by the Reference Court, which was challenged by the respondents - original claimants before the Hon'ble Apex Court by way of preferring Special Leave to Appeal No. 23413 of 2016, which came to be allowed and the award passed by the Reference Court was restored. The same is placed on record.

6. In view of above, learned AGP is now unable to assail the impugned judgment and order. So far as the village Nani Kadi is concerned, this Court has already decided the matter pertaining to same village relying upon the decision of the Hon'ble Apex Court and therefore, learned AGP is now unable to assail the reasons mentioned in the present appeal, since the Hon'ble Apex Court has confirmed the award passed by the Reference Court.

7. Considering all these aspects, the present appeal

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C/FA/179/2015 JUDGMENT DATED: 11/07/2025

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deserves to be dismissed and accordingly, it is dismissed. No order as to costs.

7.1 The amount deposited by the appellant before the Reference Court, if still lying before the Reference Court, the same shall be disbursed in favour of the respondents - original claimants, after proper verification and after following due procedure, through RTGS/NEFT.

8. Record and proceedings, if any, be sent back to the concerned Court forthwith.

(HEMANT M. PRACHCHHAK,J)

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