Gujarat High Court

Patel Raghavjibhai Karshanbhai vs Special Land Acquisition Officer ... on 13 October, 2025

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                             C/FA/4808/2010                                JUDGMENT DATED: 13/10/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/FIRST APPEAL NO. 4808 of 2010
                                                           With
                                              R/FIRST APPEAL NO. 4809 of 2010
                                                           With
                                              R/FIRST APPEAL NO. 4810 of 2010
                                                           With
                                              R/FIRST APPEAL NO. 4811 of 2010

                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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                             Approved for Reporting Yes  No

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                                      PATEL RAGHAVJIBHAI KARSHANBHAI
                                                     Versus
                               SPECIAL LAND ACQUISITION OFFICER (ONGC) & ANR.
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                       Appearance:
                       MS.SHIVANI V TRIVEDI(7225) for the Appellant(s) No. 1
                       MS FORAM TRIVEDI AGP for the Defendant(s) No. 1
                       MR AJAY R MEHTA(453) for the Defendant(s) No. 2
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                            CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                                       Date : 13/10/2025

                                                       ORAL JUDGMENT

1. Present appeal is filed by the appellants - original claimants under Section 54 of the Land Acquisition Act, 1894 (hereinafter be referred to as "the Act") read with Section 96 of the Code of Civil Procedure Code, 1908 challenging the judgment and award dated

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08.07.2010 passed by the learned 7 th Additional Senior Civil Judge, Mehsana (hereinafter be referred to as "the Reference Court") in Land Acquisition Reference Nos.1516 of 2009 to 1520 of 2009 (main Land Acquisition Reference No.1516 of 2009, whereby, the Reference Court has awarded Rs.47.00 per square meter over-and-above the amount awarded by the Special Land Acquisition Officer which comes Rs.23.50 per square meter.

2. For the purpose of ONGC, Ahmedabad Project Sarkam No. V.J.D.W., the respondents herein acquired the lands of the appellants

- original claimants situated at Village: Nani Kadi (Jaydevpura), Taluka: Kadi, District: Mehsana. A notification under Section 4 of the Land Acquisition Act (hereinafter be referred to as "the Act") dated 01.04.2003 has been issued and notification under Section 6 of the Act has been issued on 26.05.2003. An amount of Rs.225/- per square meter has been demanded by the appellants, but the Special Land Acquisition Officer awarded Rs.23.50 per square meter by passing an award dated 21.10.2003.

3. Being aggrieved, the appellants - original claimants, preferred the aforesaid LAR Case under Section 18 of the Act for additional compensation of Rs.225/- per square meter. However, the judgment and award dated 08.07.2010 came to be passed by the learned 7 th Additional Senior Civil Judge, Mehsana and awarded the aforesaid additional amount of compensation. Aggrieved by the award, present appeals are filed by the appellants.

4. Heard Ms.Shivani Trivedi, learned counsel appearing for the appellants, Ms.Foram Trivedi, learned Assistant Government Pleader appearing for respondent No.1 and Mr.Ajay Mehta, learned counsel

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appearing for respondent No.2.

5. Ms.Trivedi, learned counsel for the appellants has submitted the same facts which are narrated in the memo of appeals. She has relied upon the order of the Hon'ble Supreme Court in the case of Godavariben Karshanbhai Patel and others Vs. Group General Manager and another dated 24.04.2017 passed in Civil Appeal No. 5541 of 2017 wherein the Hon'ble Supreme Court has considered the Notification under Section 4 of the Act dated 23.09.1984 where the landowners received Rs.30/- per square meter and the same rate whereby the Reference Court awarded Rs.124/- per square meter, though the High Court has interfered with the decision of the Reference Court and reduced the amount in that circumstances. Ms.Trivedi, learned counsel has submitted that in the present appeals, a Notification under Section 4 was issued on 01.04.2003, whereas, in relation to the acquisition of the lands of Village: Nani Kadi, Taluka:

Kadi, District: Mehsana, a Notification under Section 4 was issued on 24.04.1999 so there was a gap of only almost four years in issuance of both the notification. She has submitted that in the present appeal, the Special Land Acquisition Officer has awarded compensation of Rs.23.50 per square meter of the land, whereas, in the case of Village:

Nani Kadi, the Special Land Acquisition Officer has awarded compensation of Rs.30/- per square meter. She has submitted that in the present appeal, the claimants have demanded Rs.225/- per square meter, whereas, in earlier group of matters, the claimants have demanded Rs.250/- per square meter, thereafter, the matter reached upto the High Court and subsequently this Court was pleased to decrease the amount from the original amount of award and, therefore, the matter reached upto the Hon'ble Supreme Court and the Hon'ble Supreme Court has, ultimately, held that the amount

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which was fixed by the Reference Court is just and proper and the award passed by the Reference Court came to be confirmed. Ms.Trivedi, learned counsel has submitted that in view of the aforesaid facts, the appeal deserves to be allowed and the award of compensation deserves to be enhanced.

6. Per contra, Mr.Mehta, learned counsel appearing for respondent No.2 has submitted that the amount of compensation awarded by the Reference Court is just and proper and the same is relating to Village:

Kadi and not for Village: Nani Kadi and, therefore, the decision relied upon on behalf of the appellants is not applicable to the facts of the present case. Mr.Mehta, learned counsel is unable to controvert the fact which is observed by the Hon'ble Supreme Court and the amount of compensation awarded by the Hon'ble Supreme Court.

7. Considering the submissions made on behalf of the learned counsel appearing for the respective parties and the decision of the Hon'ble Supreme Court and the material placed on record, this Court is of the opinion that the appeals require consideration and the impugned judgment and award deserves to be modified to the extent. It appears that in First Appeal No.3003 of 2010, the notification under Section 4 of the Act was issued on 24.04.1999, whereas, in the present case, notification under Section 4 of the Act was issued on 01.04.2003 i.e. after almost four years and, therefore, 40% rise is required to be enhanced in the amount of compensation. So earlier Rs.120.50 paise was awarded by this Court in First Appeal No.3003 of 2010 and now considering 40% increase in the amount of compensation, it comes to Rs.168.50 (Rs.120.50 X 40%). The appellants are entitled to get total amount of compensation at Rs.168.50 and though the Special Land Acquisition Officer has

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awarded Rs.23.50 paise per square meter and the Reference Court has awarded Rs.47.00 per square meter, the appellants are entitled to get Rs.98/- per square meter as additional amount of compensation.

8. Resultantly, the following final order is passed:-

The appeal is hereby allowed. The appellants - claimants shall be entitled to get Rs.98.00 per square meter as an additional compensation in addition to the amount of Rs.23.50 paisa awarded by the Special Land Acquisition Officer under Section 11 of the Act and Rs.47.00 per square meter awarded by the Reference Court under Section 18 of the Act, which comes to Rs.70.50 paise. Earlier award of Rs.120.50 paise per square meter awarded by this Court in First Appeal No.3003 of 2010 and considering 40% increase in the amount of compensation as there is difference of four years in issuance of notifications, the amount of compensation comes to Rs.168.50 (Rs.120.50 X 40%) per square meter. The respondent shall deposit additional amount of compensation within a period of eight weeks from the date of receipt of the order. On deposit of the amount, the same shall be disbursed in favour of the each claimant through RTGS / NEFT and the bank account details shall be furnished by the counsel for the claimants to the Registry of the Reference Court, Mehsana. Rest of the judgment and award shall remain unaltered. Decree be drawn accordingly. Registry is directed to send back the record and proceedings to the concerned Reference Court forthwith. Pending civil application/s, if any, shall stand disposed of accordingly.