Gujarat High Court
Balvantbhai Narsinhbhai Patel vs State Of Gujarat on 12 November, 2025
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C/FA/295/2020 JUDGMENT DATED: 12/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 295 of 2020
With
R/FIRST APPEAL NO. 1394 of 2020
With
R/FIRST APPEAL NO. 1395 of 2020
With
R/FIRST APPEAL NO. 1396 of 2020
With
R/FIRST APPEAL NO. 1397 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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BALVANTBHAI NARSINHBHAI PATEL & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SK PATEL(654) for the Appellant(s) No. 1,2
MR.RAHUL DAVE, AGP for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 12/11/2025
ORAL JUDGMENT
1. The present appeals are filed by the claimants under
section 96 of the Civil Procedure Code, 1908 against the
common judgment and award dated 25.04.2013 passed
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by the learned Principal Senior Civil Judge, Modasa in
learned Reference Cases No.476 of 2010 to 486 of 2010
(Old Reference Cases No. 435/2006 to 445/2006)
whereby, the learned Reference Court has awarded
additional amount of the compensation at the rate of
Rs.8,000/- per ARE (Rs.80/- per sq.mtr.) with
consequential benefits to the claimants. The notification
under section 4 in respect of the land under the
acquisition pertaining to village Fatepura was issued by
the government on 06.10.2004 and under section 6 of
the Land Acquisition Act which was published on
25.03.2005. The Special Land Acquisition Officer has
awarded amount of Rs.6/- per sq.mtr. vide award dated
13.05.2005, which was challenged before the learned
Reference Court by filing Land Reference Case by the
claimant and at the end, compensation of Rs.80/- was
awarded, which is subject matter of challenge before
this Court.
2. Heard learned advocate Mr.S.K.Patel for the appellants
and learned AGP Mr.Rahul Dave for the State.
2.1. It is submitted by learned advocate Mr.S.K.Patel that
claim of Rs.250/- per sq.mtr. was made before the
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Reference Court however, relying on the land
acquisition compensation of village Ranechi and
Radodra which is at a distance of 3 to 4 kms
consequently, the Learned Court has granted
compensation. Learned advocate Mr.S.K.Patel submits
that the other village in which land acquisition
proceedings were proceeded for the same project i.e
Sujalam Sufalam of spreading canal of village Ankodia,
as well as Alva wherein, the compensation which was
awarded was on much higher side. Learned advocate
Mr.S.K.Patel submits that by not awarding compensation
at the same rate, learned Reference Court has
committed error and therefore, impugned award
deserves to be interfered with. Learned advocate
Mr.S.K.Patel further submits that government has
accepted the award pertaining to village Ankodia as well
as village Alva and therefore, also impugned award
deserves to be set aside and compensation is required to
be enhanced.
2.2. Per contra, learned AGP Mr.Rahul Dave submits that
learned Reference Court is justified in relying upon the
acquisition award of village Ranechi and Radodra and
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granting compensation at the rate of Rs.80/-per sq.mtr.,
therefore, no interference is required and these appeals
are required to be dismissed.
3. Having considered the submissions advanced by learned
advocates for the respective parties and on referring the
reasons assigned by learned Reference Court, it
emerges that the acquisition proceedings pertaining to
village Fatepura was initiated wherein, the notification
under section 4 was issued on 06.10.2004 and
notification under section 6 was issued on 25.03.2005.
Learned Acquisition Officer has passed the award under
section 11 of the Land Acquisition Act, granting
compensation at the rate of Rs.6/- per sq.mtr. which was
challenged by the learned Reference Court. While
determining the market value of acquiring the land,
Learned Court has relied on the Land Acquisition Case
Nos.553 of 2010 to 572 of 2010, pertaining to village
Radodra, Tal-Bayad which was also acquired for the
same purpose i.e Sujalam-Sufalam project of spreading
canal wherein, learned Land Acquisition Officer granted
Rs.700/- per ARE for the irrigation land which was
enhanced by the learned Reference Court at the rate of
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Rs.8,000/- per ARE. Another land Acquisition Case nos.
698 of 2010 to 702 of 2010 were also relied by the
learned Reference Court which were pertaining to
village Ranechi, Tal- Bayad wherein, the award passed
by learned Land Acquisition Officer was enhanced by the
learned Reference Court by granting compensation at
the rate of Rs.8,000/- per ARE.
3.1. From the reasons assigned by the learned Reference
Court, it emerges that as per the deposition of the
witness, distance of the village Radodra and Ranechi is
stated to be of 3-4 kms. The submissions made by the
learned advocate Mr.S.K.Patel that Alva village which is
at the distance of less than 1 km village as well as for
Ankodia village which is also the same distance wherein,
learned Court has awarded compensation by assessing
the market value of Rs.308/- per sq.mtr. The same
contention has not been disputed by the learned AGP
Rahul Dave with regard to the distance.
3.2. On referring the order of the Reference Court
pertaining to village Alva, it emerges that in that case,
date of notification under section 4 is of 06.05.2005. This
Court has also referred the decision rendered in the
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Land Reference Case pertaining to village Ankodia
wherein, date of notification under section 4 is
11.03.2006. Relying on the said references, this Court in
the First Appeal No.3305/2018 has awarded the
compensation by assessing the market value of
Rs.308.25 per sq.mtr. Wherein, date of notification
under section 4 was of 06.10.2004. As in the instant case
also notification is of the year 2004 therefore, in the
opinion of this Court, ends of justice would meet if the
directions were issued to the respondent to grant total
amount of compensation at the rate of Rs.308.25 per
sq.mtr.
4. In view of the above, these appeals are allowed. The
judgment and award passed by the learned Reference
Court is modified to the extent that the appellants are
entitled to get Rs.228.25 per sq.mtr. as additional
amount of compensation over and above the amount
awarded by Special Land Acquisition Officer as well as
learned Reference Court. Other observation of the
Reference Court for benefits provided under the Act
remain intact. The respondents shall deposit the
additional amount of compensation with consequential
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benefits before the learned Reference Court within
period of eight weeks from the date of the order. On
deposit of the amount, the same shall be disbursed in
favour of the appellants / claimants, after deducting the
difference of the court fees, if any, through RTGS/NEFT
and the bank account details shall be furnished by the
counsel for the appellants / claimants to the Registry of
the concerned Reference Court. The decree be drawn
accordingly. Record and Proceedings be sent to the
concerned Reference Court forthwith.
5. Learned advocate Mr.S.K.Patel has fairly pointed out to
the Court that at the time of admission of the appeal,
this Court has taken undertaking of the claimant not to
claim the interest for the delay period. In view of the
same, no interest is granted for the period from the date
order of the learned Reference Court till the date of
filing of appeal.
6. In view of the above, the present appeals deserves to be
partly allowed.
7. Resultantly, these appeals are partly allowed.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
