Gujarat High Court
Babubhai Dhulabhai Patel As Legal Heir ... vs Special Land Acquisition Officer on 19 June, 2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CROSS OBJECTION NO. 138 of 2016
In R/FIRST APPEAL NO. 2274 of 2010
With
R/CROSS OBJECTION NO. 140 of 2016
In
R/FIRST APPEAL NO. 2269 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
Yes
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BABUBHAI DHULABHAI PATEL AS LEGAL HEIR OF LATE DHULABHAI
PUNJIRAM PATEL
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR AV PRAJAPATI(672) for the Appellant(s) No. 1
MS KRISHNA DESAI AGP for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 19/06/2025
ORAL JUDGMENT
1. Present cross-objections are preferred by the
appellants under Order XLI, Rule 22 of the Code of Civil
Procedure in First Appeal Nos. 2274 of 2010 and First
Appeal No. 2269 of 2010 which are preferred under
Section 54 of the Land Acquisition Act, 1894 read with
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Section 96 of the Civil Procedure Code against the
judgment and award dated 16.05.2008 passed by learned
9th Addl. Senior Civil Judge, Mehsana (hereinafter
referred to as the "trial Court") in Land Acquisition
Reference Case No.1507 to 1541 of 2003, whereby
learned trial Court partly allowed the said reference
cases and awarded Rs.160/- per sq. mtr. as additional
compensation. The cross objections are filed by the
original claimants claiming the enhancement of the
amount awarded by the Reference Court.
2. It appears that the said First Appeal Nos. 2274 of
2010 and 2269 of 2010, came to be disposed of by
the co-ordinate bench of this Court in the Lok Adalat vide
order dated 12.11.2016 and unfortunately, along with
that First Appeals, cross objections were also disposed of.
3. Therefore, the appellants of the cross objections
have filed Misc. Civil Application No.911 of 2024 and
allied matters for recalling of the order in the cross
objections.
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4. After considering the submissions of the parties and
the objection raised by the State Government with regard
to the revival of the cross objections and after
considering the judgment of the Hon'ble Apex Court in
case of New Okhla Industrial Development Authority
vs. Harnand Singh (deceased) through Lrs. reported
in 2024 (7) SCALE 760, the Court has, vide order dated
31.1.2025, allowed said Misc. Civil Application No. 911 of
2024 and allied matters and recalled the order dated
27.1.2017 in Cross Objection No. 130 of 2016 and allied
matters and therefore, the present cross objections are
listed before this Court for final hearing. With consent of
the parties the matters are taken up for hearing.
5. Heard Mr. A.V. Prajapati, learned counsel for the
appellants / original claimants and Ms. Krishna Desai,
learned AGP for the State.
6. Mr. A.V. Prajapati, learned counsel for the
appellants has submitted that in the identical group of
appeals, based upon the notification issued under Section
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4, the Special Land Acquisition Officer has awarded
Rs. 8.10 Ps. per square meter.
7. Mr. A.V. Prajapati, learned counsel further
submitted that the award passed by the trial court is bad
in law and contrary to law. He has also submitted that the
trial Court has committed error in relying upon the
judgment of village Visnagar wherein the notification
under Section 4 was of dated 31.7.1986 whereas in
present case, the notification under Section was
published on 18.07.2002 and therefore, in view of the
judgment of the Hon'ble Apex Court, as the difference
between the Notification of Section 4 is 15 years and
therefore it is not safe to rely upon that much old
notification of the year 1986. He has also submitted that
even if some deduction is made qua the development of
village Visnagar and village Sunshi, the appellants are
entitled to more than Rs.350/- per sq. mtr. and therefore,
learned trial Court ought to have granted the
compensation at the rate more than Rs.350/- per sq. mtr.
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8. Mr. Prajapati, learned counsel for the appellants
urges before the Court that present cross-objections may
be allowed and impugned judgment and award passed by
the trial Court may be modified and the compensation
amount awarded by the trial Court may be enhanced.
9. On the other hand learned A.G.P. has supported the
order dated 16.05.2008 passed by trial Court in Land
Acquisition Reference Case No.1507 to 1541 of 2003 and
submitted that the trial Court has not committed any
error in passing the impugned judgment and award. She
has submitted that the trial Court has granted just and
reasonable compensation and therefore, there is no need
to interfere in the impugned judgment and award passed
by the trial Court. She has also submitted that the trial
Court after evaluating the evidence placed on record and
after hearing both the parties and after considering all
the relevant facts, has passed the impugned judgment
and award, which is in consonance with the settled legal
principle and does not require any interference by this
Court.
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10. Lastly, learned A.G.P. urges before the Court that
present cross objections may be dismissed and award
passed by the trial Court may be confirmed.
11. I have perused the documents and material available
on record. I have also examined the record of the case
and relevant case papers along with other relevant
documents.
12. It appears from the record that in present case,
Section 4 notification was published on 18.7.2002, with
regard to village Sunshi. Further, the Land Acquisition
Officer has awarded compensation to the tune of Rs.8.10
Paisa per sq. mtr. Aggrieved by the said order, all the
claimants have preferred representation before the
Special Land Acquisition Officer and the same was
remitted to the concerned Court and was registered as
Reference Case Nos.1507 to 1541 of 2003, which relates
to village Visnagar, wherein considering the Exh.51,
report of the valuation committee, the amount was
enhanced by the earlier coordinate bench, after referring
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the observations made by the Division Bench in the order
dated 4.5.2011 passed in First Appeal No. 1377 of 2007
in case of village Sunshi which is adjoining land.
13. It is appropriate to consider the fact that in the
group of Appeal No.2241 of 2010 and allied matters, the
co-ordinate bench, relying upon the decision of the
Division Bench dated 4.5.2011 in the First Appeal
No.1377 of 2011, which relates to village Sunsi of
Visnagar Taluka, by common judgment dated 5.9.2022
dismissed the Appeals filed by the authority and allowed
the cross objections filed by the claimants by allowing the
enhancement in the compensation.
14. It is required to be noted herein that in view of the
decision of this Court dated 24.08.2015 passed in First
Appeal No.1373 of 2015 and the decision of the Hon'ble
Apex Court in case of General Manager, Oil and
Natural Gas Corporation Ltd. vs. Rameshbhai
Jivanbhai Patel reported in (2018) 4 SCC 745 and
since there was difference of 15 years in between the two
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notifications issued under Section 4 and considering the
appropriate enhancement, the valuation committee
report, the Court has considered the value of Rs. 350/-
per sq. meter and dismissed all the First Appeals and
granted cross objections by awarding an amount of
additional compensation to the tune of Rs.181.9/- Paisa
per sq. meter., in addition to the amount awarded by the
Special Land Acquisition Officer and the Reference Court.
15. Present case are also similar to the said case,
therefore, in light of the decision rendered by the co-
ordinate bench of this Court dated 5.9.2022 in the group
of Appeal No.2241 of 2010, I am of the opinion that
present cross objections deserve consideration and
deserve to be allowed.
16. In present case, the land acquired is of village,
whereas the notification under Section 4 of the very same
date has been issued in adjoining Taluka Are of Visnagar,
which is admittedly having more facilities like water,
light, transportation, road, school etc. and hence, as per
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the parameters suggested by the Division Bench there
has to be 30% reduction in the final additional amount of
compensation, which has been awarded for the lands
acquired of Visnagar Taluka.
17. Therefore, the amount which has been awarded by
way of an additional compensation to Taluka Visnagar i.e.
Rs.480/- is required to be reduced by 30% for present
village Sunshi.
18. Considering Rs.500/- per sq. mtr. and deducting 30%
would come to Rs.350/- per sq.mtr. The Land Acquisition
Officer has awarded Rs.8.10/- Paisa per sq.mtr. The
reference Court has awarded Rs.160/- per sq.mtr. The
total amount, which is required to be deducted would be
Rs.350-168.10/- Paisa per sq.mtr., which comes to
Rs.181.9/- Paisa per sq.mtr. Thus, the claimants would be
entitled to an additional amount Rs.180/- per sq.mtr, over
and above the amount awarded by the Reference Court.
19. The cross objections filed by the claimants are
allowed by enhancing the compensation at the rate of
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Rs.180/-per sq.mtr.
20. The judgment and award passed by the reference
Court is modified to the aforesaid extent. The amount
shall be deposited with the Reference Court within a
period of eight weeks from the date of receipt of copy of
this judgment and order and it shall be disbursed to the
claimants after due verification by way of R.T.G.S. /
N.E.F.T..
21. Record and proceedings be sent back to the
concerned trial Court forthwith.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
