Gujarat High Court
Lh Of Decd Bhangi Dahyabhai Trikam vs State Of Gujarat on 6 October, 2025
NEUTRAL CITATION
C/FA/3933/2024 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3933 of 2024
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LH OF DECD BHANGI DAHYABHAI TRIKAM & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RAKESH R PATEL(3239) for the Appellant(s) No.
1,1.1,1.1.1,1.1.2,1.1.3,1.1.4,1.2,1.3,2,2.1
MR RAHUL DAVE, AGP for the Defendant(s) No. 1
MR PARV S GUPTA(11850) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 06/10/2025
ORAL ORDER
1. The present First Appeal is filed under Section 54 of the
Land Acquisition Act, 1894 read with Section 96 of the Civil
Procedure Code, 1908 challenging the impugned judgment and
award dated 03.10.2013 by learned 3rd Additional Senior Civil
Judge, Palanpur, passed in Land Acquisition Reference Case
No.587 of 1999 (common order in LAR Nos.565 of 1999 to 589
of 1999).
2. Heard learned advocate Mr. Rakesh Patel for the appellants,
learned Assistant Government Pleader Mr. Rahul Dave for
respondent No.1 and learned advocate Mr. Parv S. Gupta for
respondent No.2.
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3. The lands of the claimants situated at Village Nokha,
Taluka Deodar, District Banaskantha was acquired for the
purpose of construction of Canal in Narmada Project by the
acquiring body. Notification under Section 4 of the Act was
published on 04.12.1996 and notification under Section 6 of the
Act was published on 29.03.1997. The Land Acquisition Officer
awarded compensation of Rs.2.05/- per square metre under
Section 11 of the Act on 19.04.1999. Being aggrieved and
dissatisfied by the award passed under Section 11 of the Act,
claimants preferred Reference Cases under Section 11 of the
Act. After considering the evidence and material available on
record, the learned Reference Court while deciding the
impugned judgment and award dated 02.12.2013, awarded
additional compensation of Rs.22.20/- per square metre
(Rs.22.20 paisa less Rs.2.05 paisa = Rs.20.15 paisa). Being
aggrieved and dissatisfied with the impugned judgment and
award, appellants-claimants have filed present appeal for
enhancement of compensation.
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4. Learned advocate for the appellant has submitted that the
land of village Nokha was acquired on 04.12.1996 by a
notification under Section 4 of the Act. First Appeals filed by
other claimants being First Appeal No.523 of 2018 and allied
matters also pertain to the same notification and same village,
Nokha, wherein by a common oral order dated 01.08.2023, Co-
ordinate Bench of this Court has partly allowed the appeals of
the claimants and awarded additional compensation of Rs.58.85
paisa per square metre over and above the compensation
awarded by learned Reference Court. A copy of the order is
placed on record and the same is taken on record. It is further
submitted that First Appeal No.1841 of 2023 which is arising
out of LAR No.572 of 1999 and the date of notification under
Section 4 of the Act in the said appeal and in the present First
Appeal is 04.12.1996. The purpose of acquisition under the said
appeal is the same as that of the present First Appeal. A copy of
order dated 15.06.2023 passed by Co-ordinate Bench of this
Court in aforesaid First Appeal is placed on record which is
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taken on record. It is further contended that the additional
compensation which has been awarded by Co-ordinate Bench of
this Court in First Appeal No.1841 of 2023 and First Appeal
Nos.523 of 2018 and allied matters dated 15.06.2023 and
01.08.2023 respectively be considered as additional
compensation in the present First Appeal and the impugned
award be modified accordingly.
5. Per contra, learned advocate for the respective respondents
could not contradict the aforesaid factual position placed on
record.
6. Considering the peculiar set of facts and more particularly,
considering an undisputed fact that First Appeal Nos.523 of
2018 and allied matters and First Appeal No.1841 of 2023
pertains to the same village-Nokha. The purpose of acquisition
in the aforesaid First Appeals as well as in the present First
Appeal is the same. In First Appeal No.1841 of 2023 and in the
present First Appeal, date of notification under Section 4 is
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04.12.1996. In the decision of First Appeal Nos.523 of 2018 and
allied matters, the date of notification under Section 4 of the Act
is 22.01.1997. Since the issues are akin in each of the matters,
the present appeal is decided in the same line. The Co-ordinate
Bench of this Court in deciding the First Appeal No.1841 of
2023 has considered the judgment of Co-ordinate Bench of this
Court in First Appeal No.355 of 2023 dated 20.02.2023 and
awarded additional compensation of Rs.58.85 paisa per square
metre in favor of the claimants. Therefore, this Court is not
delving into other aspects of the matter.
7. Considering the aforesaid aspects, the impugned judgment
and award dated 03.10.2013 passed by learned 3 rd Additional
Senior Civil Judge, Palanpur, passed in Land Acquisition
Reference Case No.587 of 1999 is hereby modified. Claimants
are entitled to additional compensation of Rs.58.85 paisa per
square metre with all statutory benefits. The award be
withdrawn accordingly. The additional compensation shall be
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deposited by respondents within a period of six weeks from the
date of receipt of this order. Once the additional compensation is
deposited, learned Reference Court shall disburse the same to
the claimants after appropriate verification. Rest of the
directions issued by learned Reference Court shall remain
unaltered. The First Appeal is partly allowed accordingly.
8. Record and Proceedings, if any, be sent back to the learned
Reference Court forthwith.
(D. M. DESAI,J)
RINKU MALI
