Gujarat High Court
Sama Undaji Kenaji vs State Of Gujarat on 15 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/9390/2025 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9390 of 2025
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SAMA UNDAJI KENAJI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR AR THACKER(888) for the Petitioner(s) No. 1,2,3,4,5,6,7
SHIVANG A THACKER(7424) for the Petitioner(s) No. 1,2,3,4,5,6,7
MR SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 15/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The petitioners herein [seven in numbers] claim that
they are similarly situated with those of the petitioners in
Special Civil Application No.4942 of 2024, which has been
decided vide judgment and order dated 04.09.2024 in the
following manner:-
"[1] From the Affidavit dated 02.09.2024 filed by the
Collector, Bhuj, Kachchh, it may be noted that the Jantri
value of non-irrigated land of Village Nandasar, Taluka
Rapar, District Kachchh notified and uploaded on the
website "garvi.gujarat.gov.in" as on 01.01.2014 is Rs.111/-
per sq.mts. The land in question is Survey No.229 / 2 and
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is a non-irrigated land, which fact is not disputed by the
parties.
[2] In the said scenario, in view of the findings returned by
us in the detailed judgment and order 28.08.2024, we
provide that the Special Land Acquisition Officer has
committed an error of law in determining the
compensation in the land in question vide Award dated
03.03.2020, by considering the Jantri value of the land in
question at the rate of Rs.16/- per sq.mts, as per the Jantri
value in the year 2011.
[3] As noted by us, the initial determination of
compensation as per the agreement arrived between the
parties was as per the consent award dated 28.09.2011
had not been paid to the petitioners. The reason given by
the State Respondent for non-payment of the
compensation was that there was some mistake in
determination of Jantri value by the Collector at the
relevant point of time of non-irrigated land.
[4] We have also noted that the petitioner has approached
this Court in Special Civil Application No.8943 of 2019
wherein, vide judgment and order dated 23.07.2019, the
petitioners were given benefit of the Award passed with
respect to a similarly situated land where compensation
was paid as per the Jantri value of Rs.111/- per sq.mts for
non-irrigated land. The petitioner had to file contempt
proceedings for non-compliance of the judgment and order
dated 23.07.2019. However, for a period of nine years,
there has been tug of war between the parties in the
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C/SCA/9390/2025 ORDER DATED: 15/07/2025
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matter of determination of Jantri value of the land in
question. Resultantly, the Award dated 03.03.2020 was
passed by modifying the Jantri value of the land in
question computing the compensation at the Jantri value
of the year 2011.
[5] As noted by us in the judgment and order dated
28.08.2024, it may be reiterated that since the petitioners
were not paid the compensation as per the consent Award
dated 28.09.2011 within a reasonable time, we have held
that the petitioners are entitled to the compensation at the
Jantri value of the land in question as on 01.01.2014, the
date of enforcement of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
[6] Having held that, we have required the Collector to
intimate us the Jantri value of the land in question as on
01.01.2014, which is admittedly Rs.111/- per sq.mts as per
the statement made in the affidavit noted hereinabove.
[7] We, therefore, allow the present writ petition setting
aside the Award dated 03.03.2020 holding that a fresh
award is to be declared with respect to the land in
question namely Plot No.29 / 2 of Village Nandasar, Taluka
Rapar, District Kachchh, for computing the compensation
at the Jantri value of Rs.111/- per sq.mts as on 01.01.2014.
[8] All other elements of compensation as per the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 shall be
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included after arriving at the computation of market value
of the land in question at the Jantri value at the rate of
Rs.111/- per sq.mts and the award be declared within the
period of two months from the date of receipt of the copy
of this order.
[9] In case of failure on the part of the respondent in
declaring the award under the directions given above, it
would be open for the petitioner to bring his action before
this Court."
2. Mr. Sanjay Udhwani, learned Assistant Government
Pleader has put in appearance on behalf of the State
respondents. By order dated 11.07.2025, we have adjourned
the matter to enable the learned Assistant Government
Pleader to verify the statement made in the writ petition about
the petitioners being similarly placed as those of the
petitioners in the aforesaid writ petition and being covered by
the judgment and order dated 04.09.2024. No objections have
been taken to the said stand of the petitioners. Having
perused the averments made in the writ petition and the fact
that the lands belonging to the petitioners were part of the
alleged consent award dated 28.09.2011 which was subject
matter of the consideration in the aforesaid decision dated
04.09.2024, we are of the considered view that the petitioners
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herein are also entitled for the same relief.
3. Having held that, we have required the Collector to
intimate us the Jantri value of the land in question as on
01.01.2014, which is admittedly Rs.111/- per sq.mts as per the
statement made in the affidavit noted hereinabove.
4. We, therefore, allow the present writ petition setting
aside the Award dated 03.03.2020 holding that a fresh award
is to be declared with respect to the land in question namely
Survey Nos. 224, 225/1, 226/p2, 225/2, 226/p1, 229/1, 229/3
and 231 of Village Nandasar, Taluka Rapar, District Kachchh,
for computing the compensation at the Jantri value of Rs.111/-
per sq.mts as on 01.01.2014.
5. All other elements of compensation as per the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 shall be included
after arriving at the computation of market value of the land
in question at the Jantri value at the rate of Rs.111/- per
sq.mts and the award be declared within the period of two
months from the date of receipt of the copy of this order.
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6. In case of failure on the part of the respondent in
declaring the award under the directions given above, it
would be open for the petitioner to bring his action before this
Court.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
A. B. VAGHELA
