Gujarat High Court
State Of Gujarat vs Rabari Lilabhai Ramabhai Deceased on 11 July, 2025
NEUTRAL CITATION
C/FA/341/2012 JUDGMENT DATED: 11/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 341 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
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STATE OF GUJARAT & ANR.
Versus
RABARI LILABHAI RAMABHAI DECEASED & ORS.
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Appearance:
MS ROSHNI PATEL AGP for the Appellant(s) No. 1,2
RULE SERVED for the Defendant(s) No.
1.1,1.2,2,3.1,3.2,3.3,3.4,3.5,3.6,3.7,3.8,4.1,4.2,4.3,4.4,4.5,4.6
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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 under
Section 54 of the Land Acquisition Act, 1894 r/w Section
96 of the Code of Civil Procedure, 1908 challenging the
judgment and award dated 23.10.2008 passed by the
Presiding Officer, F.T.C. No.1, Mehsana (hereinafter
referred to as the " Reference Court") in Land Reference
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Case Nos.1 to 16 of 2005 whereby the Reference Court
partly allowed the Reference Case Nos. 1 to 16 of 2005
and awarded amount of Rs.82.00 per Sq. Mtr. over and
above the amount of compensation awarded by Special
Land Acquisition Officer.
2. The facts in brief are that the competent authority
under the Land Acquisition Act had acquired land
situated at Village Kherva, Taluka and District Mehsana,
belonging to the respondents-original claimants for the
purpose of extension of Jalashay. The notification under
Section 4 has been published by the competent authority
under the Act on 4.7.2002 and after following due
procedure, notification under Section 6 was published on
24.10.2002 and thereafter, the lands came to be
acquired. Award came to be passed by the Land
Acquisition Officer in L.A.Q. Case No.13 of 2002, whereby
the Land Acquisition Officer has awarded Rs.18.10/- per
sq. mtr. for the irrigated land.
3. Being aggrieved and dissatisfied with the said
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award, the original claimants preferred Land Reference
Case Nos. 1 to 16 of 2005 before the Reference Court.
4. The Reference Court after hearing both the parties
and after evaluating the evidence placed on record has
passed the impugned judgment and award, awarded
Rs.82/- per sq. mtr. over and above the compensation
already awarded by the Land Acquisition Officer. Being
aggrieved and dissatisfied with the impugned judgment
and award, the State has preferred present appeal.
5. Heard Ms. Patel, learned AGP for the appellant.
Though served, no one is appearing on behalf of the
respondents.
6. Learned AGP for the appellant has submitted that the
Reference Court has committed an error in passing the
impugned judgment and award. She has submitted that
the Reference Court has without assigning any reason
has increased the compensation awarded by the Land
Acquisition Officer. She has also submitted that the
claimants have not produced any evidence to prove or
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show that they are entitled to more compensation. She
has submitted that the Reference Court has failed to
appreciate the documentary evidence produced by the
appellant and therefore, she urges before the Court that
present appeal may be allowed and the impugned
judgment and award passed by the Reference Court may
be quashed and set aside.
7. It appears that in identical group of appeals arising
from the same village i.e. Kherva, the Division Bench of
this Court vide judgment and award dated 9.9.2010
passed in First Appeal No. 441 of 2010 and allied
matters, has already decided the similar issue. In the said
appeals the lands were acquired for the purpose of
"Sujlam Suflam" Spreading Canal, whereas in present
case, the lands were acquired for the purpose of
extension of Jalashay.
8. The Division Bench of this Court, after hearing both
the sides and after evaluating the evidence placed on
record has confirmed the order passed by the Reference
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Court.
9. Present appeal is squarely covered by the said
judgment and award dated 9.10.2010 passed by the
Division Bench of this Court in First Appeal No. 441 of
2010 and allied matters.
10. In view of the above, learned AGP is unable to
canvas her contention, as the present appeal is already
covered by the said judgment and award.
11. In view of the above and in view of the decision of this
Court in case of State of Gujarat vs. Amaji Mohanji
Thakor reported in 2010 GLH 3 447, present appeal
does not deserves to be entertained and the same is
required to be dismissed. Accordingly, present appeal is
hereby dismissed in view of the above referred judgment.
12. The amount deposited by the appellant- State shall
be disbursed in favour of respondents- claimants after
following due procedure through R.T.G.S. / N.E.F.T.
within period of eight weeks from the date of receipt of
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copy of this order. Interim relief, if any stands vacated
forthwith. Record and proceedings if received, be sent
back to the concerned Reference Court forthwith.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
