Gujarat High Court
State Of Gujarat Through Deputy ... vs Mansukhbhai Jerambhai Sankaliya on 10 October, 2025
NEUTRAL CITATION
C/FA/950/2012 JUDGMENT DATED: 10/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 950 of 2012
With
R/FIRST APPEAL NO. 951 of 2012
With
R/FIRST APPEAL NO. 952 of 2012
With
R/FIRST APPEAL NO. 953 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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STATE OF GUJARAT THROUGH DEPUTY COLLECTOR & LAND
ACQUISITION & ANR.
Versus
MANSUKHBHAI JERAMBHAI SANKALIYA
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Appearance:
MS AGNEYA MANKAD AGP for the Appellant(s) No. 1,2
MR KL DAVE(1225) for the Defendant(s) No. 1
MR KUNAL S SHAH(5282) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 10/10/2025
ORAL JUDGMENT
1. These appeals have been filed against the common judgment
and award dated 11.05.2010 passed by the learned Principal Senior
Civil Judge, Junagadh [hereinafter be referred to as "the Reference
Court] in Land Reference Case Nos. 1713 of 1999 to 1716 of 1999
whereby the Reference Court partly allowed the references and
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C/FA/950/2012 JUDGMENT DATED: 10/10/2025
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awarded additional amount of compensation at Rs.35/- per square
meters for irrigated lands and Rs.31/- per square meter for non-
irrigated lands along with the consequential benefits.
2. The facts in brief are that the competent authority under the
Land Acquisition Act [hereinafter be referred to as "the Act"] made a
proposal for permanent acquisition of the lands belonging to the
respondents-original claimants situated at Village: Bela, Taluka:
Junagadh. The notification under Section 4 of the Act was published
on 27.03.1993 and notification under Section 6 dated 27.01.1994.
After following due procedure, the lands came to be acquired for the
purpose of "Ozat-2" Irrigation Scheme. Award came to be passed by
the Special Land Acquisition Officer fixing the amount of
compensation.
2.1 However, being dissatisfied with the award, the original
claimants raised dispute, by way of references. The Reference Court
partly allowed the references by impugned judgment and award
awarding additional amount of Rs.35/- (Rs.40 - 5) per square for
Irrigated Lands and Rs.31/- (Rs.35 - 4) per square meter for Non-
Irrigated Lands.
3. Being aggrieved, by the impugned judgment and award passed
by the Reference Court, the appellants have preferred these appeals.
4. Heard Ms.Agneya Mankad, learned Assistant Government
Pleader for the appellants and Mr.Kunal Shah, learned counsel for the
respondents - claimants at length. Perused the material placed on
record.
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5. Ms.Agneya Mankad, learned Assistant Government Pleader for
the appellants has submitted that the Reference Court has committed
an error of facts and law in passing the impugned judgment and
award and in exercising the jurisdiction which is not vested with it.
She has submitted that the Reference Court has erred in awarding
additional compensation on higher side over and above the
compensation awarded by the Special Land Acquisition Officer. She
has submitted that the Reference Court ought not to have considered
the fact that the claimants have not submitted their objection as
required under Section 9(3)(4) of the Act against the market price
fixed by the Special Land Acquisition Officer of acquired land while
issuing notification under Section 4 of the Act. She has submitted
that the Special Land Acquisition Officer has awarded just and
adequate compensation and there is no reason for enhancing the
same. She has also submitted that the distance of Village:
Sankhadvadar and Village: Bela is of 3 kilometer away and in the case
of Village: Sankhadvadar, this Court has already considered the price
awarded by the Reference Court and, therefore, the Court may pass
appropriate order.
6. Mr.Shah, learned counsel for the respondents - claimants has
submitted that the Reference Court has not committed any error of
facts and law in passing the impugned judgment and award. He has
submitted that the Reference Court has rightly awarded the
compensation considering the market value. He has submitted that
the appeals being meritless deserve to be dismissed.
7. I have considered the averments made in the memo of appeals,
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submissions canvassed by the learned counsel for the respective
parties and considered the facts and circumstances of the case. I
have perused the impugned judgment and award passed by the
Reference Court and the material placed on record. It appears that in
the case of Sankhadvadar, the Division Bench of this Court has, after
considering the relevant materials, partly allowed the appeals being
First Appeal No. 5853 of 2008 and allied appeals vide judgment and
order dated 29.08.2011 and quashed and set aside the judgment and
award passed by the Reference Court and thereby considered the
market price of the lands and ordered to award compensation to the
tune of Rs.40/- per square meters for irrigated lands and Rs.32/- per
square meters for non-irrigated lands plus all statutory benefits of
increase in the market value. This Court, on the basis of the order
passed by the Division Bench, has awarded the compensation to the
tune of Rs.40/- per square meters for irrigated lands and Rs.32/- per
square meters for non-irrigated lands plus all statutory benefits of
increase in the market value. In the present case, considering the fact
that the amount awarded by the Reference Court is less in
comparison of Village: Sankhadvadar and there is no cross objection
filed in this behalf and the fact that the distiance between Village:
Sankhadvadar and Village: Behal is only five kilometers away and,
hence, the appeals deserve to be dismissed.
8. In view of the above, the present appeals are hereby dismissed.
The impugned judgment and award passed by the Reference Court
has hereby confirmed. If the appellants have deposited the additional
amount of compensation before the Reference Court along with the
statutory benefits, the same shall be disbursed in favour of the
original claimants after following due procedure and after verifying
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their bank details through RTGS / NEFT without a period of four weeks.
There shall be no order as to costs. Registry is directed to transmit
back the record and proceedings of the case to the concerned Court
forthwith. Pending civil application/s, if any, shall stand disposed of
accordingly.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
