Gujarat High Court
Nilesh (Minor) Through Pushpaben ... vs State Government Of Gujarat Through ... on 10 October, 2025
NEUTRAL CITATION
C/FA/2509/2012 JUDGMENT DATED: 10/10/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2509 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
==========================================================
Approved for Reporting Yes No
✓
==========================================================
NILESH (MINOR) THROUGH PUSHPABEN DINESHBHAI MARADIA
Versus
STATE GOVERNMENT OF GUJARAT THROUGH DEPUTY COLLECTOR &
ANR.
==========================================================
Appearance:
NILAY H PATEL(7856) for the Appellant(s) No. 1
MS FORAM TRIVEDI AGP for the Defendant(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 10/10/2025
ORAL JUDGMENT
1. The present First Appeal is filed by the appellant under
Section 54 of the Land Acquisition Act, 1894 against the
judgment and award dated 25.7.2011 passed by Principal
Senior Civil Judge, Junagadh (hereinafter be referred to
as the "Reference Court") in Land Reference Case
No.1543 of 1999) whereby the Reference Court has
awarded addition amount of compensation at the rate of
Rs.45.21 Ps. per square meter for irrigated land and
Rs.36.16 Ps. per square meter for non-irrigated land
along with statutory benefits.
2. The facts giving rise to present appeal are that the
lands of the appellant situated at Village Shetruji Vadala,
NEUTRAL CITATION
C/FA/2509/2012 JUDGMENT DATED: 10/10/2025
undefined
Taluka Visavadar, District Junagadh were acquired for
the public purpose of Ozat-2 Irrigation Scheme. For that
Notification under Section 4 of the Act was published on
25.11.1993 and Notification under Section 6 was
published on 29.11.1994. The Land Acquisition Officer
passed an award on 28.11.1996 granting compensation of
Rs.500/- per Are (Rs.5/- per sq. mtr.) for irrigated lands
and Rs.400/- per Are (Rs.4/- per sq. mtr.) for non-irrigated
lands. Being dissatisfied, the claimant sought reference
under Section 18 before the Reference Court.
2.1 The said reference was opposed by the opponent by
filing objections vide Exh.11 and amended written
statement vide Exh.8. The Reference Court, upon hearing
both the sides and after evaluating the evidence has
framed the issues in paragraph No.6 which reads as
under:-
1. Whether the applicant proves that the
compensation awarded is inadequate? How much?
2. What additional compensation, if any, he is
entitled to ?
3. Whether this application is in time?
4. Whether this Court has jurisdiction to try this
reference case?
5. Whether this reference case is barred by Section
25 of the Land Acquisition Act?
6. Whether the applicants have accepted the
NEUTRAL CITATION
C/FA/2509/2012 JUDGMENT DATED: 10/10/2025
undefined
awarded amount without raising any objections? If
yes, what is the effect?
7. Whether the applicant is entitled to get the
amount of solatium and interest?
8. What order and award?
2.2 After framing the issues as aforesaid, the Reference
Court answered the same in paragraph No. 7. The
Reference Court has also considered the evidence led by
the both the parties, which reads as under:
ORAL EVIDENCE :-
1 Exh. 13 Deposition of Mathurbhai S/o. Samjubhai who
is applicant of L.R.C. No. 1442/99
2 Exh. 31 Deposition of applicant Dinesh Shamjibhai of
L.R.C. No. 1543/99.
3 Exh. 32 Deposition of applicant Batukbhai Shivram
recorded in L.R.C. No. 1638/99.
4 Exh.33 Deposition of witness M. N. Patel, recorded in
L.R.C. No. 1323/99.
5 Exh. 34 Deposition of witness Gordhanbhai Valabhai
recorded in L.R.C. No. 1638/99.
6 Exh. 51 Deposition of witness Vallabhbhai Jamnadas
recorded in L.R.C. No. 1577/99.
DOCUMENTARY EVIDENCE:-
NEUTRAL CITATION
C/FA/2509/2012 JUDGMENT DATED: 10/10/2025
undefined
1 Exh. 32 True copy of the Judgment delivered by the then
Learned Civil Judge (S.D.) Junagadh in
L.R.C.No. 1482/1999 (Group cases) filed by the
claimants of village Sakhdavadar on dated
30/09/2004.
2 Exhs. 35 Copy of Village Form No. 7/12 of L.R.C. Case
to 39 No. : 1543/99 with the entry of well
3 Exh. 40 Copy of Village Form No.7/12 of the applicant
to 42 Pushpaben Dineshbhai of L.R.C. No. 1545/99 42
4 Exh. 43 Copy of the letter written by Deputy Collector to
the applicant Dinesh Shamjibhai.
5 Exh. 44 Copy of the letter dated 16/03/2001 written by
Executive Engineer, Irrigation Project Division,
Junagadh to the Agriculture Officer, Junagadh.
6 Exh. 45 Copy of the Rojkam of the crops standing in
survey nos. 75/1 and 17 of village Sakhdavadar.
7 Exh. 46 Copy of the Rojkam of the crops standing in
survey nos. 16 & 17 of village Badalpur
8 Exh. 47 Copy of the letter written by Additional
Engineer to the Executive Engineer, Junagadh.
9 Exh. 48 Statement of standing crops of L. R. C. No.
41/89.
10 Exh. 49 Statement of standing crops of L. R. C. No.
11 Exh. 50 Statement showing the annual price-list from
1992 to 1995 produced in L.R.C. No. 1577/99.
NEUTRAL CITATION
C/FA/2509/2012 JUDGMENT DATED: 10/10/2025
undefined
2.3 The opponents have produced the following oral as
well as documentary evidence :-
ORAL EVIDENCE:-
1 Exh. 62 Affidavit in the form of Deposition of Shri
Nilesh Vaikunthrai Upadhyay, Deputy
Collector, Junagadh.
DOCUMENTARY EVIDENCE:-
1 Exh.63 Certified copy of the registered sale deed no.
372/1989 of survey no. 5/2/6.
2 Exh.64 Certified copy of the registered sale deed no.
134/90 of survey no. 127/1, 127/2.
3 Exh.65 Certified copy of the registered sale deed no.
135/90 of survey no. 128/p.
4 Exh.66 Certified copy of the statement referred to in Para
5 Exh.67 Certified copy of the award passed in L.Acq. Case
No. 57/90.
6 Exh.69 Certified copy of the letter written by Talati-
Mantri to the Deputy Collector regarding service
of notice U/s. 12(2) and service of award.
7 Exh.70 Certified copy of Form "GG"
NEUTRAL CITATION
C/FA/2509/2012 JUDGMENT DATED: 10/10/2025
undefined
8 Exh.71 Certified copy of the judgment of Civil Application
nos. 3418 of 2003.
2.4 After considering the above oral as well as
documentary evidence of both the parties, the Reference
Court has awarded compensation of Rs.45.21 per sq. mtr.
for irrigated lands and Rs.36.16 per sq. mtr. for non-
irrigated lands with statutory benefits.
2.5 Being aggrieved with the said judgment and award
passed by the Reference Court the claimant has preferred
this appeal for further enhancement.
3. Heard Mr. Nilay H. Patel, learned counsel for the
appellant and Ms. Foram Trivedi, learned counsel for the
respondents.
4. Mr. Nilay Patel, learned counsel for the appellant
submitted that the Reference Court has not properly
appreciated the oral and documentary evidence,
particularly with regard to the existence of wells,
irrigation facilities, fertility of the soil and the fact that
two to three crops per year were cultivated. It was
contended that the Reference Court ought to have relied
upon Exhs. 43 and 44, which clearly demonstrated higher
yield and income. According to the appellant, the
compensation awarded is inadequate and the same
deserves to be enhanced by taking into account future
NEUTRAL CITATION
C/FA/2509/2012 JUDGMENT DATED: 10/10/2025
undefined
agricultural income and potentiality of the land. He has
submitted that the Reference Court has not appreciated
the oral evidence in respect of the irrigated lands and the
extracts which indicated the well in the acquired field.
4.1 Learned counsel for the appellant urges before the
Court that present appeal may be allowed and the
impugned judgment and award passed by the Reference
Court may be quashed and set aside.
5. Ms. Foram Trivedi, learned Assistant Government
Pleader for the State opposed the appeal and submitted
that the compensation awarded by the Reference Court is
on the higher side. She placed reliance on the judgment
of the Division Bench this Court in First Appeal No. 5853
of 2008 and allied matters decided on 29.08.2011,
wherein lands of Village Sankhadvadar acquired for the
very same Ozat-2 Irrigation Scheme were awarded
compensation at the rate of Rs.50.21 per sq. mtr. for
irrigated lands and Rs.40.10 per sq. mtr. for non-irrigated
lands. It was pointed out that Village Shetruji Vadala
(present case) and Village Sankhadvadar (FA 5853/2008)
are adjoining villages and the distance between the two
villages is only about 5 kilometres. The lands in both
villages are situated on the banks of River Ozat, having
similar fertility, irrigation facilities, cultivation patterns
and crop yield. She has submitted that in view of the
judgment of the Division Bench of this Court, present
NEUTRAL CITATION
C/FA/2509/2012 JUDGMENT DATED: 10/10/2025
undefined
appeal may not be entertained and the same may be
dismissed.
6. I have carefully considered the submissions and
perused the record. I have also gone through the
judgment of the Division Bench cited by learned AGP. On
perusal of the record, this Court finds that the Reference
Court has meticulously examined the evidence placed
before it, both oral and documentary, including the
particulars of wells, irrigation facilities, soil fertility,
cropping patterns, and other relevant agricultural
parameters. The Reference Court has given due
consideration to the nature and extent of the land
acquired, the losses suffered by the claimants, and the
principles of fair market value, along with the statutory
provisions governing compensation under the Land
Acquisition Act.
7. The Reference Court has further ensured that the
claimants are adequately compensated not only for the
market value of the land but also for the consequential
losses, including disturbance, solatium, and interest as
mandated under the statute. The approach adopted in
quantifying the compensation reflects a careful balancing
of the rights of the claimants with the provisions of the
law. There is no material irregularity, misappreciation of
evidence, or error of law in the Reference Court's
judgment that would justify interference by this Court.
NEUTRAL CITATION
C/FA/2509/2012 JUDGMENT DATED: 10/10/2025
undefined
8. The compensation awarded by the Reference Court is,
therefore, found to be fair, just, and reasonable in the
facts and circumstances of the case. The methodology
adopted in assessing the value of the land and additional
benefits demonstrates judicial prudence and adherence to
the statutory scheme. Even in view of the decision of the
Division Bench of this Court, this Court finds that there is
no need to interfere with the impugned judgment and
award passed by the Reference Court, as the Division
Bench has already decided the issue pertaining to village
Sankhadvadar, which is five kilometers away from the
present village Shetrunji Valada.
9. In view of the foregoing, the present appeal is hereby
dismissed. The judgment and award dated 25.07.2011
passed by the Principal Senior Civil Judge, Junagadh in
Land Reference Case No.1543 of 1999 is hereby
confirmed.
10. If the amount of compensation awarded by the
Reference Court has not been disbursed, the same shall
be paid in favour of the claimant after due verification of
the claimant's bank details. The record and proceedings
shall be transmitted back to the Reference Court.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
