Gujarat High Court
Deputy Collector vs Jerambhai Kurjibhai on 10 October, 2025
NEUTRAL CITATION
C/FA/2245/2025 ORDER DATED: 10/10/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2245 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/FIRST APPEAL NO. 2245 of 2025
With
R/FIRST APPEAL NO. 2246 of 2025
================================================================
DEPUTY COLLECTOR & ANR.
Versus
JERAMBHAI KURJIBHAI
================================================================
Appearance:
MR RAHUL DAVE, AGP for the Appellant(s) No. 1,2
MR KRUSHNAKANT D PATEL(10632) for the Defendant(s) No. 1
MR TEJAS P SATTA(3149) for the Defendant(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 10/10/2025
COMMON ORAL ORDER
1. The captioned First Appeals are filed under Section 54 of
the Land Acquisition Act, 1894 by appellant-original opponents
assailing the judgment and award dated 18.08.2022 passed by
learned 5th Additinal Senior Civil Judge, Jamnagar in Land
Acquisition Reference Case Nos.51 and 52 of 2008 respectively.
2. Heard learned AGP Mr. Rahul Dave for appellants and
learned advocate Mr. Tejas P Satta for the respondent.
3. With the consent and request of learned advocates for the
parties, these matters are taken up for final hearing. Since the
NEUTRAL CITATION
C/FA/2245/2025 ORDER DATED: 10/10/2025
undefined
issue involved in the present First Appeals are common,
therefore, the same are decided by this common order.
4. The brief facts of the case are as under:
5. The land situated at Village-Tarana Taluka, Jodiya,
District-Jamnagar, bearing Revenue Survey No.57/p
admeasuring 3450 square metres was acquired for the purpose
of Aji-4 Irrigation Scheme by the Acquisition Authority.
Notification under Section 4 of the Act was published on
16.03.2006. Notification under Section 6 of the Act was
published on 07.09.2006. The Land Acquisition Officer after
considering the evidence awarded Rs.5.50/- per sqaure metres as
compensation. The award of Land Acquisition Officer was
challeneged under Section 18 of the Act by the claimants. The
learned Reference Court after considering the material, awarded
Rs.73.11/- per square metres as compensation with statutory
benefits. Being aggrieved and dissatisfied with the impugned
judgment and award, the original opponents-appellants have
filed the present First Appeals.
NEUTRAL CITATION
C/FA/2245/2025 ORDER DATED: 10/10/2025
undefined
6. Learned AGP contended that the learned Reference Court
has awarded unreasonable compensation to the claimants. It is
further contended that the claimants relied upon the judgment
and award of Village Meghpar passed in LAR No.42 of 2006 to
LAR No.66 of 2006, wherein, learned Reference Court has
awarded Rs.55/- per square metres as compensation. It is further
contended that the claimants have not produced any other
evidence except placing reliance upon award passed in the Land
Acquisition proceedings pertaining to Village Meghpar. The
claimants have also failed to establish the potentiality and
fertility of the land in question and in absence of any convincing
and reliable evidence, learned Reference Court has awarded the
higher amount of compensation. The Land Acquisition Officer
has considered the material available on record and awarded just
and reasonable compensation in favor of claimants. Except
above, no other submissions are made by learned AGP for the
appellants.
NEUTRAL CITATION
C/FA/2245/2025 ORDER DATED: 10/10/2025
undefined
7. Per contra, learned advocate for the claimant -
respondents has supported the judgment and contended that the
claimants relied upon the award passed in passed in LAR No.42
of 2006 to LAR No.66 of 2006 which pertains to Village
Meghpar. However, appellant, in the proceedings before the
learned Reference Court submitted judgment and award of
Village-Tarana bearing LAR No.48 of 2008 to LAR No.50 of
2008, wehrein, learned Reference Court had awarded
compensation to the land-losers @ Rs.73.11/- per square metres.
The learned Reference Court has considered the well accepted
method and manner. It is further contended that the reliance
which has been placed upon by the learned Reference Court
pertains to the same village and same notification. It is further
contended that in the Reference Court proceedings bearing LAR
Nos.48 to 50 of 2008, date of notification under Section 4 of the
Act is 16.03.2006. Since the purpose and date of notification in
the present appeal as well as in the case of LAR Nos.48 of 2008
to 50 of 2008 are same, the award is reasonable and no interence
NEUTRAL CITATION
C/FA/2245/2025 ORDER DATED: 10/10/2025
undefined
is required by this Court.
8. Considering the submissions made by learned advocates
for the respective parties and on perusal of record and
proceedings, it appears that the learned Reference Court has
relied upon the judgment and award passed in LAR Nos.48 of
2008 to 50 of 2008 which pertains to Village-Tarana, Taluka-
Jodiya. It also appears from the record that the date of
notification under Section 4 in both the proceedings is same,
even the purpose of acquisition is also the same. It is pertinent to
observe that appellants before the learned Reference Court have
relied upon the decision rendered in LAR Nos.48 of 2008 to 50
of 2008, wherein the learned Reference Court has awarded
compensation @ Rs.73.11/- per square metres. Learned
Reference Court has considered the said decision in ascertaining
market value of acquired land. The method and manner which
has been adopted by the learned Reference Court is well
accepted principle by Hon'ble Supreme Court and the
NEUTRAL CITATION
C/FA/2245/2025 ORDER DATED: 10/10/2025
undefined
consideration of award passed in other reference proceedings is
also accepted method as prvoided under the land Acquisition
Act. Learned Reference Court has adopted the correct base for
determining the market price of the land in question, I am of the
view that the appeals lack merit and the same is required to be
dismissed. Accordingly, First Appeals are dismissed. Connected
Civil Application connected with the respective appeals is also
disposed of.
9. Record and Proceedings, if any, be sent back to the learned
Court / Tribunal below forthwith.
(D. M. DESAI,J)
RINKU MALI
