Gujarat High Court
Gujarat Mineral Development ... vs Badharbhai Limjibhai Vasava Since ... on 14 October, 2025
NEUTRAL CITATION
C/MCA/2263/2025 ORDER DATED: 14/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 2263 of 2025
In R/FIRST APPEAL NO. 1679 of 2012
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GUJARAT MINERAL DEVELOPMENT CORPORATION (GMDC)
Versus
BADHARBHAI LIMJIBHAI VASAVA SINCE DECEASED AND THROUGH
LEGAL HEIRS & ORS.
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Appearance:
MR KM PATEL, SENIOR ADVOCATE WITH MR.VARUN K.PATEL(3802) for
the Applicant(s) No. 1
MS ROSHNI PATEL, ASST. GOVERNMENT PLEADER for the Opponent(s)
No. 2,3
MR KM SHETH(838) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 14/10/2025
ORAL ORDER
1. Present application is filed by the applicant - Gujarat Mineral
Development Corporation seeking review / modification of the
judgment and order dated 08.08.2025 passed by this Court in First
Appeal No.1679 of 2012.
2. Heard Mr. K.M. Patel, learned senior counsel assisted by Mr.
Varun K. Patel, learned counsel for the applicant, Mr. K.M. Sheth,
learned counsel for the respondent No.1 and Ms. Roshni Patel, learned
Assistant Government Pleader for he respondent Nos.2 and 3.
3. Learned senior counsel Mr. Patel has submitted that the present
application is filed mainly on three counts firstly, the amount
deducted towards de-escalation of price, since the difference in
issuance of notification under Section 4 of the Land Acquisition Act in
NEUTRAL CITATION
C/MCA/2263/2025 ORDER DATED: 14/10/2025
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the case referred and relied upon by this Court and in the case in
hand was three years, which was calculated at Rs.13.28ps. per sq.
mtr., however, further amount of Rs.2.25ps., awarded by the
Reference Court was required to be deducted from the said amount of
Rs.13.28ps., which comes to Rs.11.03ps. Per sq. mtr. Secondly, so far
as the interest for the period of delay in filing the First Appeal is
concerned, learned senior counsel Mr. Patel has submitted that as per
the decision of the Hon'ble Apex Court in case of Executive
Engineer, Nimna Dudhna Project, Selu, Dist. Parbhani,
Maharashtra vs. State of Maharashtra & Ors., reported
in [2020] 3 SCC 255, the claimants are not entitled to get
any interest for the period of delay in approaching the High
Court for preferring the appeal. Thirdly, he has submitted that,
the de-escalation @ 12% is required to be considered instead
of 10%, in view of the decision of the Hon'ble Apex Court
rendered in case of Ram Kishan (since deceased) through
his LRS Etc. vs. State of Haryana & Ors. in Civil Appeal
Nos.4772-4773 of 2023. Learned senior counsel Mr. Patel
has, therefore, urged that the present application be allowed
and the judgment and order dated 08.08.2025 be modified to the
aforesaid extent.
4. Learned counsels appearing for the respective respondents
have not seriously objected for the present application, looking to the
facts of the present case.
5. I have heard the learned counsel appearing for the respective
parties and perused the material placed on record. So far as the first
contention raised with regard to the amount of Rs.2.25ps. awarded by
the Reference Court is concerned, the same is required to be
NEUTRAL CITATION
C/MCA/2263/2025 ORDER DATED: 14/10/2025
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deducted i.e. Rs.2.25ps. from Rs.13.28ps., which comes to
Rs.11.03ps., hence the original claimant is entitled to get an amount
of Rs.11.03ps. Per sq. mtr., instead of Rs.13.28ps. per sq. mtr. So far
as the contention raised with regard to interest is concerned, as per
the judgment of the Hon'ble Apex Court, the claimant is not entitled
to get any interest for the period of delay of about 2½ years occurred
in preferring the First Appeal before this Court. So far as the third
contention with regard to de-escalation @12% is concerned, no
interference is required to be called for.
6. In the result, the present application is hereby partly allowed.
The respondent - original claimant is entitled to get an additional
amount of compensation at the rate of Rs.11.03ps. per sq. mtr.,
instead of Rs.13.28ps. per sq. mtr. The claimant is not entitled to get
any interest for the delayed period of about 2½ years occurred in
preferring the First Appeal. Rest of the order dated 08.08.2025 shall
remain intact.
6.1 Time to deposit the amount is extended for a further period of
four weeks from today.
(HEMANT M. PRACHCHHAK,J)
Dolly
