Gujarat High Court
Group General Manager Oil & Natural Gas ... vs Popatbhai Gandalal Patel on 24 November, 2025
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C/FA/5086/2008 JUDGMENT DATED: 24/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5086 of 2008
With
R/FIRST APPEAL NO. 5087 of 2008
With
R/FIRST APPEAL NO. 5088 of 2008
With
R/FIRST APPEAL NO. 5089 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
✓
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GROUP GENERAL MANAGER OIL & NATURAL GAS CORPORATION, LTD
Versus
POPATBHAI GANDALAL PATEL & ANR.
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Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
MR. KISHAN H DAIYA(6929) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 24/11/2025
COMMON ORAL JUDGMENT
1. The present First Appeals are filed under Section 54 of
the Land Acquisition Act, 1894 (hereinafter referred to as 'the
Act') by the appellants-original opponent No.2 in the
respective First Appeals challenging the common judgment
and award dated 10.03.2008 passed in Land Acquisition
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C/FA/5086/2008 JUDGMENT DATED: 24/11/2025
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Reference Case Nos.4877 to 4880 of 2003 respectively by the
learned 9th Additional Senior Civil Judge, Mehsana.
2. Heard learned advocate Mr. Ajay R. Mehta for the
appellants, learned advocate Mr. Kishan H. Daiya for the
respondent No.1 and learned AGP Mr. Manohar Rahevar for
the respondent No.2.
3. The brief facts of the case are as under:-
3.1. The lands in question situated at village Adhraj, Taluka-
Kadi, District-Mehsana were acquired for the purpose of
drilling No.ONGC Project JRFK. Notification under Section 4
of the Act was published on 16.11.1995. Notification under
Section 6 of the Act was published on 13.09.1996. The Land
Acquisition Officer after considering the evidence awarded
compensation @ Rs.12/- per square metres on 11.09.1998.
The said award came to be assailed under Section 18 of the
Act before the learned Reference Court by claiming
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C/FA/5086/2008 JUDGMENT DATED: 24/11/2025
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compensation @ Rs.100/- per square metres. After
considering the evidence on record, learned Reference Court
awarded additional compensation at Rs.74/- per square metres
(Total compensation Rs.86/- per square metres).
3.2. Being aggrieved and dissatisfied with the assessment of
compensation, appellants have filed the present First Appeals.
4. At the outset, learned advocate for the appellants has
placed on record the copy of decision dated 18.03.2024 passed
in First Appeal No.4044 of 2009 and allied matters by this
Court, which pertains to village Medadraj which is the same
village for which the reference proceedings have been
decided. It is contended that by refering decision dated
03.08.2015 in the case of Group General Manager V/s.
Govindbhai Nanjibhai Patel passed in First Appeal No.388 of
2010 by the Division Bench of this Court, the market value of
the lands in question at Rs.75/- per square metres (Rs.22/- per
square metres + Rs.53/- per square metres) was determined. It
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is further contended that Notification under Section 4 of the
Act was published on 21.04.1999 so far as the lands involved
in First Appeal No.4044 of 2009 and allied matters. Whereas
in the present case, Notification under Section 4 of the Act
was published on 16.11.1995. Therefore, the difference
between date of both Notifications is 3 years 4 months and 19
days. Since the difference in the dates of Notifications is
merely 3 years 4 months and 19 days, the deduction in the
market value @10% per year is required to be considered and
therefore the market value of the lands in question so far as the
present First Appeals are concerned would come to Rs.52.50/-
per square metres. Except above, no other submissions are
canvassed by learned advocate for the appellants.
5. Per contra, learned advocate for the respondents could
not contradict the aforesaid position.
6. I have considered the submissions made by learned
advocates for the respective parties and perused Record and
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Proceedings. It appears that the lands of respondent No.1-
original claimant was acquired for the purpose of drilling of
ONGC Project. Notification under Section 4 of the Act was
published on 16.11.1995. The decision dated 18.03.2024
which has been relied upon by learned advocate for the
appellants in First Appeal No.4044 of 2009 and allied matters
passed by this Court pertains to the same village. The only
difference is in the issuance of the date of notification. In the
present case, the date of Notification under Section 4 of the
Act is 16.11.1995. Whereas in the case before this Court in
First Appeal No.4044 of 2009 and allied matters, the date of
Notification under Section 4 was published on 21.04.1999.
Thus, the difference between the two notifications is 3 years 4
months and 19 days. Since the purpose of acquisition in all the
matters is same and the evidence which was led before the
learned Reference Court was also similar. The market value of
the lands in question in the present appeals is required to be
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considered accordingly. The market value of the lands in
question is determined at Rs.52.50/- (total compensation at
Rs.12/- per square metre + Rs.40.50/- per square metres =
Rs.52.50/-). Therefore, the additional compensation is
required to be ordered at Rs.40.50/- per square metre.
7. In view of the above decision, the market value of the
lands in question is assessed at Rs.52.50/- per square metre.
The Land Acquisition Officer has awarded compensation to
the original claimants at Rs.12/- per square metre. Hence, the
enhanced compensation would be Rs.40.50/- per square metre.
8. So far as the interest part is concerned, the judgment and
award is modified. The original claimants shall be entitled to
interest from the date of award dated 11.09.1998, which is
date of the award passed under Section 11 of the said Act.
9. In view of the above stated decisions, the First Appeals
are partly allowed. Accordingly, claimants are entitled to
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additional compensation of Rs.40.50/- per square metres with
all statutory benefits as observed above.
10. The excess amount, which has been deposited by the
appellant before the learned Reference Court, shall be
refunded back to the appellant by the learned Reference Court
after due verification and following due process.
11. Record and Proceedings, if any, be sent back to the
concerned Court / Tribunal forthwith.
(D. M. DESAI,J)
RINKU MALI
