Gujarat High Court
Bhimshi Menshi Aher vs State Of Gujarat on 6 October, 2025
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C/FA/2392/2025 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2392 of 2025
With
R/FIRST APPEAL NO. 2393 of 2025
With
R/FIRST APPEAL NO. 2394 of 2025
With
R/FIRST APPEAL NO. 2395 of 2025
With
R/FIRST APPEAL NO. 2396 of 2025
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BHIMSHI MENSHI AHER
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NITIN M AMIN(126) for the Appellant(s) No. 1
MR SANJAY M AMIN(130) for the Appellant(s) No. 1
MR RAHUL DAVE, MS DHARITRI PANCHOLI, AGP for the
Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 06/10/2025
ORAL ORDER
1. The present first appeals are filed under Section 54 of the
Land Acquisition Act 1894, by the appellant - original
claimant assailing the judgment and award dated 12.03.2018
passed by Additional Senior Civil Judge Junagadh, in Land
Reference Case No.397 of 2016.
2. Heard learned advocate Mr. Nitin Amin for the appellant
and learned Assistant Government Pleaders for the Defendant -
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State.
3. Learned advocate for the appellant at the out set
contended that the learned Reference Court has awarded
compensation at the rate of Rs.16153.50/- for irrigated lands
and Rs.12124.20/- for non-irrigated land. However, while
preparing the scheduled attached to the award, the
compensation of all the acquired lands is calculated as if, it is
non-irrigated lands. Only on this limited question, the present
appeal is filed. It is further contended that in the aforesaid
background the matter may be remanded back to the learned
Reference Court for the calculation of the compensation as per
the nature of land i.e. irrigated land and non-irrigated land
respectively.
4. Per contra, learned AGPs could not controvert the
aforesaid error committed by learned Reference Court in
awarding compensation.
5. Learned advocate for the parties are not inviting any
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further order as the appeals are being remanded to the learned
Reference Court to decide the aforesaid issue. A fresh in
accordance with law and the evidence already adduced on
record.
6. In view of the above facts and circumstances of the case
it appears that learned Reference Court has committed an error
by calculating the compensation of all the lands as non-
irrigated lands. The record prevails that the land in question
are irrigated lands and non-irrigated lands respectively. The
calculation which is arrived at by learned Reference Court
being faulty, the reference proceedings are remanded back to
the learned Reference Court for determining the compensation
as per the nature of respective lands. The learned Reference
Court shall decide the compensation which land is irrigated
land and which land is non-irrigated land and the exercise of
calculation of compensation shall be done by learned Reference
Court within the period of 6 months from the date of receipt
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of the present order. The exercise shall be undertaken without
any parties to lead further or fresh evidence. The learned
Reference Court shall consider the evidence on record and
decide the compensation strictly as per law.
7. The present First appeals are hereby allowed accordingly.
Registry is directed to Record and Proceedings, if any, be sent
back to the concerned Court, forthwith.
(D. M. DESAI,J)
KKN
