Gujarat High Court
Patel Niteshkumar Bhikhabhai vs Special Land Acquisition Officer on 23 June, 2025
NEUTRAL CITATION
C/FA/2412/2010 JUDGMENT DATED: 23/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2412 of 2010
With
R/FIRST APPEAL NO. 2413 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
-- No
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PATEL NITESHKUMAR BHIKHABHAI
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR KM SHETH(838) for the Appellant(s) No. 1
MS AGNEYA MANKAD AGP for the Defendant(s) No. 1
MR RITURAJ M MEENA(3224) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 23/06/2025
COMMON ORAL JUDGMENT
1. Present appeals are filed by the appellants - original
claimants under Section 54 of the Land Acquisition Act, 1894
(hereinafter be referred to as "the Act") read with Section 96 of
the Code of Civil Procedure Code, 1908 challenging the judgment
NEUTRAL CITATION
C/FA/2412/2010 JUDGMENT DATED: 23/06/2025
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and award dated 21.07.2009 passed by the learned 3 rd Additional
District Judge, District Court, Mehsana (hereinafter be referred to
as "the Reference Court") in Land Acquisition Reference Nos.99
of 2002 and 100 of 2002 whereby the Reference Court has
awarded Rs.42.11 per square meter over-and-above the amount
awarded by the Special Land Acquisition Officer which comes
Rs.66.11 per square meter.
2. For the purpose of construction of residential colony for
ONGC, Ahmedabad Project Well No.S.K.D.D. the State
Government acquired the lands of the appellants - original
claimants situated at Village: Kadi, Taluka: Kadi, District:
Mehsana. A notification under Section 4 of the Land Acquisition
Act (hereinafter be referred to as "the Act") dated 24.08.2000
has been issued. An amount of Rs.250/- per square meter has
been demanded by the appellants, but the Special Land
Acquisition Officer awarded Rs.24/- per square meter by passing
an award dated 11.04.2000.
3. Being aggrieved, the appellants - original claimants, who
preferred the aforesaid LAR Cases under Section 18 of the Act
for additional compensation of Rs.250/- per square meter.
However, the judgment and award dated 21.07.2009 came to be
passed by the learned 3rd Additional District Judge, District Court,
Mehsana. This has aggrieved the appellants, have preferred the
present appeals raising various grounds.
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C/FA/2412/2010 JUDGMENT DATED: 23/06/2025
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4. Heard Mr.K. M. Sheth, learned counsel appearing for the
appellants, Ms.Agneya Mankad, learned Assistant Government
Pleader appearing for respondent No.1 and Mr.Rituraj Meena,
learned counsel appearing for respondent No.2.
5. Mr.Sheth, learned counsel has submitted the same facts
which are narrated in the memo of appeals. He has relied upon
the order of the Hon'ble Supreme Court in the case of
Godavariben Karshanbhai Patel and others Vs. Group
General Manager and another dated 24.04.2017 passed in
Civil Appeal No. 5541 of 2017 wherein the Hon'ble Supreme
Court has considered the Notification under Section 4 of the Act
dated 23.09.1984 where the landowners received Rs.30/- per
square meter and the same rate whereby the Reference Court
awarded Rs.124/- per square meter, though the High Court has
interfered with the decision of the Reference Court and reduced
the amount in that circumstances. Mr.Sheth, learned counsel
has submitted that in the present appeals, a Notification under
Section 4 was issued on 24.08.2000, whereas, in relation to the
acquisition of the lands of Village: Nani Kadi, Taluka: Kadi,
District: Mehsana, a Notification under Section 4 was issued on
26.04.1999 so there was a gap of more than one year and five
months in issuance of both the notification. He has submitted
that in the present appeals, the Special Land Acquisition Officer
has awarded compensation of Rs.24/- per square meter of the
land, whereas, in the case of Village: Nani Kadi, the Special Land
NEUTRAL CITATION
C/FA/2412/2010 JUDGMENT DATED: 23/06/2025
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Acquisition Officer has awarded compensation of Rs.30/- per
square meter. He has submitted that in the present appeals, the
claimants have demanded Rs.250/- per square meter, whereas,
in earlier group of matters, the claimants have demanded
Rs.150/- per square meter, thereafter, the matter reached upto
the High Court and subsequently this Court was pleased to
decrease the amount from the original amount of award and,
therefore, the matter reached upto the Hon'ble Supreme Court
and the Hon'ble Supreme Court has, ultimately, held that the
amount which was fixed by the Reference Court is just and
proper and the award passed by the Reference Court came to be
confirmed. Mr.Sheth, learned counsel has submitted that in view
of the aforesaid facts, the appeals deserve to be allowed and the
award of compensation deserves to be enhanced.
6. Per contra, Mr.Meena, learned counsel appearing for
respondent No.2 has submitted that the amount of compensation
awarded by the Reference Court is just and proper and the same
is relating to Village: Kadi and not for Village: Nani Kadi and,
therefore, the decision relied upon on behalf of the appellants is
not applicable to the facts of the present case. Mr.Meena,
learned counsel is unable to controvert the fact which is
observed by the Hon'ble Supreme Court and the amount of
compensation awarded by the Hon'ble Supreme Court.
7. Considering the submissions made on behalf of the learned
counsel appearing for the respective parties and the decision of
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C/FA/2412/2010 JUDGMENT DATED: 23/06/2025
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the Hon'ble Supreme Court and the material placed on record,
this Court is of the opinion that the appeals require consideration
and the impugned judgment and award deserves to be modified
to the extent.
8. Resultantly, following final order is passed:-
Both the first appeals are hereby allowed. The appellants -
claimants of these appeals shall be entitled to get Rs.73.39/- per
square meter in addition to the amount of Rs.24/- per square
meter awarded by the Special Land Acquisition Officer and
Rs.42.11 per square meter awarded by the Reference Court,
Mehsana the total amount comes to Rs.139.50 per square meter.
The respondent shall deposit additional amount of compensation
within a period of eight weeks from the date of receipt of the
order. On deposit of the amount, the same shall be disbursed in
favour of the each claimant through RTGS / NEFT and the bank
account details shall be furnished by the counsel for the
claimants to the Registry of the Reference Court, Mehsana. The
difference of the Court fees shall be paid to the Registry of the
Reference Court. Rest of the judgment and award shall remain
unaltered. Decree be drawn accordingly. Record and proceedings
be sent back to the concerned Reference Court forthwith.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
