Gujarat High Court
General Manager vs Rabari Ramabhai Valjibhai on 13 November, 2025
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C/FA/916/2009 JUDGMENT DATED: 13/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 916 of 2009
With
R/FIRST APPEAL NO. 917 of 2009
With
R/FIRST APPEAL NO. 918 of 2009
With
R/FIRST APPEAL NO. 919 of 2009
With
R/FIRST APPEAL NO. 920 of 2009
With
R/FIRST APPEAL NO. 921 of 2009
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
✔
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GENERAL MANAGER
Versus
RABARI RAMABHAI VALJIBHAI & ORS.
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Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
ADVOCATE NOTICE SERVED for the Defendant(s) No. 1.2,1.3
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Defendant(s) No. 1
MR.MANOHAR RAHEVAR AGP APPEARED IN F.A.Nos.916 & 917 OF 2009
MR.DHAVAL PARMAR AGP APPEARED IN F.A.Nos.918 & 919 OF 2009
MS.DHARITRI PANCHOLI AGP APPEARED IN F.A.No.920 OF 2009
MR.BRIJENSINGH THAKUR AGP APPEARED IN F.A.No.921 OF 2009
GOVERNMENT PLEADER for the Defendant(s) No. 2
MS.SHIVANI V TRIVEDI(7225) for the Defendant(s) No. 1.1,1.4,1.5
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 13/11/2025
COMMON ORAL JUDGMENT
1. Present appeals are filed by the appellant-
O.N.G.C. under Section 54 of the Land Acquisition Act
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r/w Section 96 of the Code of Civil Procedure
challenging the judgment and award dated 16.05.2008
passed in L.A.R. No.5377 of 2003 to 5382 of 2003 by
the 5th Additional Senior Civil Judge, Mehsana
(hereinafter referred to as the "Reference Court"). The
Reference Court has partly allowed the said Reference
and awarded compensation of Rs.103.00 per Sq. Mtr.
over and above the amount of compensation of Rs.17/-
already awarded by the Special Land Acquisition
Officer.
2. The facts in brief are that the lands situated
at village Merda, Tal. Kadi, Dist. Mehsana were
acquired for the purpose of Drilling No.IJH-14 by the
appellant-O.N.G.C. For L.A.R. No.5377 of 2003 to 5382
of 2003. Notification under Section 4 of the Act was
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published on 18.3.2000 and under Section 6 was
published on 18.09.2003. The Land Acquisition Officer,
after issuing notice to the claimants and after hearing
the claimants and considering the evidence led by the
claimants has passed an award dated 09.07.2001
awarding compensation at the rate of Rs.17.00 per Sq.
Mtr. Being aggrieved and dissatisfied with the award of
the Land Acquisition Officer, the claimants filed
reference proceedings claiming compensation at the
rate of Rs.125.00 per Sq. Mtr.
2.1 After considering the relevant materials and
after considering the oral as well as the documentary
evidence, the Reference Court partly allowed
references and awarded Rs.103.00 per Sq. Mtr. over
and above, the compensation awarded by the Land
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Acquisition Officer.
2.2 Being aggrieved and dissatisfied with the
impugned judgment and awards passed by the
Reference Court the, appellant-O.N.G.C. has filed
present First Appeals.
3. Heard Mr. Ajay R. Mehta, learned counsel for
the appellant, and learned AGP for the respondent-
State and Ms. Shivani Trivedi, learned counsel for
respondent - claimants.
4. Learned advocate for the appellant has
submitted that the Reference Court has not considered
the facts while determining the market value in its true
and proper spirit. He has also submitted that the
Division Bench of this Court, vide judgment and order
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dated 6.8.2015 passed in First Appeal No.3531 of 2011
with Cross Objection No. 116 of 2012 with respect to
the village Merda, has fixed the value at Rs.44.00 per
Sq. Mtr. He has also submitted that the Reference
Court has awarded a very high amount in present
Appeals without considering the said fact.
4.1 Learned advocate for the appellant has
referred to and relied upon the observations made by
the Division Bench of this Court in paragraph No.5 of
the above referred judgment and order, which read as
under:
"5. This court has gone through the documentary evidence placed on
record alongwith the award of the reference court. The reference court
has relied upon awards passed with respect of acquisition of lands of
nearby villages. On basis of the said award, the reference court
considered the compensation of around Rs. 69/- per sq. mt keeping in
mind the notification under section 4 dated 05.04.2003 in that case. In
the present case, the section 4 notification was issued on 31.12.1998.
Considering the difference and time gap of around four years and four
months and keeping the price at Rs. 69/- intact, we are of the view
that the reference court ought to have arrived at compensation
considering 40% decrease in price which comes to Rs. 44/- on the
basis of reducing value method. Thus, the claimants are entitled to get
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Rs. 40/- per sq. mtr as additional compensation over and above Rs.
4/- per sq. mtr already granted by the Land Acquisition Officer."
additional compensation over and above Rs. 4/- per sq. mtr already
granted by the Land Acquisition Officer."
4.2 Learned advocate for the appellant has
referred to and relied upon the decision of the
coordinate bench of this Court dated 18.3.2024 passed
in First Appeal Nos. 4044 of 2009 and allied matters
and submitted that in the said decision, the learned
Single Judge has considered the value of the land at
Rs.75.00 per Sq. Mtr. and therefore, present Appeals
deserve to be allowed.
5. As against that, learned advocate for the
respondents-claimants has submitted that the
respondent original claimants have lost their lands way
back in 1999 and since long they are fighting for the
compensation. Referred and relied upon the decision of
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this Court dated 06.02.2013 passed in First Appeal Nos.
3682 of 2012 and allied matters, wherein the appellant
corporation has accepted the award and entered into
settlement with the respondents and submitted that
now the corporation cannot take different stand, as the
corporation has accepted the amount awarded by the
Reference Court. He has also submitted that in another
group of the references, for the same village Merda,
the Reference Court has, vide judgment and award
dated 6.8.2013 passed in L.A.R. Nos. 1746 of 2009 and
1747 of 2009, after considering the earlier land
reference cases and after considering the facts and
submissions of both the sides, has awarded Rs.137.00
per sq. mtr. meaning thereby, it is subsequent decision
of the Reference Court. He has submitted that even in
the another group of references for the same village
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Merda i.e. L.A.R. Nos. 1007 of 2013 and allied group
of appeals, the Reference Court has awarded Rs.203.69
ps. per Sq. Mtr. vide judgment and award dated
6.2.2014, wherein the date of notification under
Section 4 was of February 2009.
5.1 Learned advocate for the respondents-
claimants has submitted that in another decision of the
same village i.e. Merda under L.A.R. Nos. 1121 of
2011 and allied references, the Reference Court has
awarded an additional amount of Rs.76.50 ps. per Sq.
Mtr. and in reference case No. 5373 of 2000 for the
same village, the Reference Court has awarded an
amount of Rs.100.00 per Sq. Mtr. and the same was
also accepted by the corporation and not challenged
further and therefore, under such circumstances, the
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present Appeals deserve to be dismissed, since the
subsequent decision of the Reference Court, the amount
was awarded on very higher side.
6. I have perused the materials available on
record and relevant documents and considered the
submission of learned advocates for the parties.
Perused record and proceedings.
7. It appears that in present Appeals, the land
acquisition reference cases were decided on 8.2.2008
and 27.2.2009. Meaning thereby, all the subsequent
awards passed by the reference are decided later on
and therefore, the same were not produced before the
Reference Court. All these subsequent events are
required to be pointed out before the Reference Court
but unfortunately, the decision in the present appeals
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is prior thereto and therefore, all these subsequent
events are required to be produced before the
concerned Reference Court, so that the Reference Court
can decide the impugned references after considering
all these materials including decision of this Court,
which are subsequent to the effect.
8. In view of the above, it is appropriate to
send the matters back to the concerned Reference
Court for a fresh decision to be taken by the Reference
Court, after considering all these facts.
9. Hence, present matters are remitted back to
the Reference Court for fresh decision in the Reference
Cases. It is open for all the concerned parties to raise
all the contentions available in law and the same shall
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be decided by the Reference Court without influenced
by earlier award. Since, the matter is of 1999
therefore, learned Reference Court shall decide the
impugned references as expeditiously as possible and
preferably within four months from the date of receipt
of copy of present order. It is also observed that all
the concerned parties shall cooperate to the concerned
Reference Court and without taking any unnecessary
adjournments, proceed with the matter in accordance
with law. The Reference Court is also directed to
decide the reference cases after considering all the
relevant materials agitated before it.
9.1 The appellant has deposited the awarded
amount of which, part is withdrawn by the claimants
and remaining amount is lying in fixed deposit.
Therefore, it is directed that the said amount will
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continue to remain in fixed deposit subject to final
determination by the Reference Court pursuant to
present order.
10. All these appeals are disposed of accordingly.
The impugned judgment and awards dated 16.05.2008
passed in L.A.R. No.5377 of 2003 to 5382 of 2003 by
the Reference Court are hereby quashed and set aside.
Direct service is permitted. Record and proceedings, if
received, be sent back to the concerned Reference
Court forthwith.
(D. M. DESAI,J)
MANOJ
