Gujarat High Court
Special Land Acquisition Officer vs Chimanbhai Amthabhai Vasava ... on 4 September, 2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3826 of 2010
With
R/FIRST APPEAL NO. 3827 of 2010
With
R/CROSS OBJECTION NO. 106 of 2013
In
R/FIRST APPEAL NO. 3827 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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SPECIAL LAND ACQUISITION OFFICER & ANR.
Versus
CHIMANBHAI AMTHABHAI VASAVA ADMINISTRATOR OF MOHANBHAI
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Appearance:
MS AGNEYA MANKAD, ASST. GOVERNMENT PLEADER for the
Appellant(s) No. 1,2
MR KM SHETH(838) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 04/09/2025
ORAL JUDGMENT
1. Present First Appeals are filed by the appellant - State
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 27.07.2005 passed by the learned Joint District
Judge, Fast Track Court No.3, Bharuch (hereinafter be referred
to as "the Reference Court") in Land Acquisition Reference
Nos.91 of 2004 to 92 of 2004, whereby, the Reference Court
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has awarded Rs.1,950 per Are i.e. Rs.19.50ps. per square
meter in favour of the respondents - original claimants.
1.1 Whereas, the Cross Objection is filed by the original
claimants under Order XLI Rule 22 of the Civil Procedure Code,
1908, against the very same judgment and award dated
27.07.2005 passed by the Reference Court for enhancement of
the compensation awarded by the Reference Court.
2. It is the case of the appellant that, the land of the original
claimants situated in the sim of Village: Kadvali, Taluka:
Jhagadia, District: Bharuch was acquired for the purpose of
Ukai Yojna - Dholi Sinchai Yojna. That, Notification under
Section 4 of the Land Acquisition Act was issued on 25.01.2001
and declaration under Section 6 of the Act was published on
12.06.2001. After following due procedure, the Land
Acquisition Officer had declared the award dated 27.01.2003
and awarded compensation for the acquired land at the rate of
Rs.300 per Are i.e. Rs.3.00 per square meter.
2.1 Being aggrieved, the original claimants preferred the
aforesaid LAR Case under Section 18 of the Act for additional
compensation of Rs.5000 per Are i.e. Rs.50 per square meter.
After considering the pleadings of both the sides and after
going through the Record & Proceedings, the Reference Court
had framed the issues referred in para-7 and the same were
replied in para-8. After considering the oral as well as
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documentary evidence led by both the sides, the judgment and
award dated 27.07.2005 came to be passed by the learned
Joint District Judge, Fast Track Court No.3, Bharuch in Land
Acquisition Reference Nos.91 of 2004 to 92 of 2004, whereby,
the Reference Court has awarded compensation as aforesaid.
3. Being aggrieved and dissatisfied with the aforesaid
judgment and award dated 27.07.2005, the appellant State
has preferred the appeals whereas, the original claimants have
preferred the Cross Objection.
4. Heard Ms. Agneya Mankad, learned Assistant
Government Pleader appearing for the appellant - State and
Mr. K.M. Sheth, learned counsel appearing for the respondents
- original claimants.
5. Learned AGP Ms. Mankad has submitted that, the
impugned judgment and award passed by the Reference Court
is contrary to law and evidence on record. She has submitted
that the claimants had not produced any documentary
evidence to support their claim of additional compensation.
She has submitted that the Special Land Acquisition Officer
had declared the award after considering the fertility of land,
location of land, development of nearby areas and the sale
deeds. She has submitted that the Reference Court while
awarding the compensation has not stated any reason as to
upon which, the market price of the acquired land was fixed at
the rate of Rs.1,950/- per Are. She has submitted that the
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acquisitions referred and relied upon by the learned counsel
for the respondents in respect of villages Amod, Bhuri and
Maljipura, Ta. Jhagadia, Dist. Bharuch was not for the same
purpose as the purpose of acquisition was different in all the
villages and therefore, the same is not required to be
considered in the instant case, since in the instant case, the
purpose of acquisition is different and therefore, the decisions
in respect of other villages, referred and relied upon by the
learned counsel Mr. Sheth are not applicable. Over and above
the grounds agitated in the memo of appeals, learned AGP Ms.
Mankad has urged that the present appeals be allowed and the
impugned judgment and award passed by the Reference Court
be quashed and set aside.
6. As against that, Mr. Sheth, learned counsel for the
respondent - original claimant, has submitted that the
Reference Court has gravely erred in awarding the amount of
compensation at the rate of Rs.19.50ps. per square meter,
however, considering the evidence at Exh.-11, the claimants
are entitled to Rs.37.50ps. per square meter instead of
Rs.19.50ps. per square meter in all. He has submitted that the
Reference Court has erred in ignoring the evidence at Exh.-11
of the adjoining village Maljipura, which is only 2 kms. away
from the land of the present claimant. He has submitted that in
respect of village Maljipura, notification under Section 4 was
issued on 23.06.1988, whereas, in the instant case, the
notification under Section 4 was issued on 25.01.2001 and
thus, there was difference of 12 years in the issuance of both
the notifications and therefore, considering 12 years'
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difference, the Reference Court has awarded Rs.37.50ps. per
square meter in LAR Case Nos.1563 of 1992 to 1566 of 1992,
which was confirmed by this Court in First Appeal No.2269 of
2008 and other allied matters. Learned counsel Mr. Sheth has
referred and relied upon one another decision of this Court
passed in First Appeal No.709 of 2005 and other allied matters
in respect of village Amod and Bhuri, Ta. Jhagadia, Dist.
Bharuch, filed by the appellant - Gujarat Mineral Development
Corporation Ltd., wherein, this Court has confirmed the award
passed by the Reference Court by dismissing the appeal
preferred by the acquiring authority. Learned counsel Mr.
Sheth has therefore, urged that in view of the aforesaid
decisions, the appeal deserves to be dismissed and the Cross
Objection filed by the claimant for enhancement of the amount
of compensation be allowed.
7. I have heard the learned counsels appearing for the
respective parties and perused the material placed on record. I
have also gone through the impugned judgment and award
passed by the Reference Court. The fact remains that the
present village Kadvali, Ta. Jhagadia, Dist. Bharuch is situated
adjacent to the villages Amod, Bhuri and Maljipura, Ta.
Jhagadia, Dist. Bharuch. It also appears from the record that
the award passed by the Reference Court in respect of village
Bhuri was challenged by the appellant State i.e. Gujarat
Mineral Development Corporation Ltd., the acquiring authority,
before this Court by way of preferring First Appeal No.1831 of
2010 and other allied matters, which was further challenged
before the Hon'ble Apex Court and the Hon'ble Apex Court had
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confirmed the award passed by the Reference Court. So far as
the decision referred and relied upon by the learned counsel
Mr. Sheth in respect of village Maljipura is concerned, I have
also gone through the decision of this Court in First Appeal
No.2269 to 2272 of 2008, wherein also, this Court has
confirmed the award of the Reference Court by dismissing the
appeal preferred by the appellant. Thus, the learned AGP is
unable to controvert the decisions of this Court passed in
respect of all the three villages viz., Amod, Bhuri and Maljipura,
however, on facts when the Court had asked the learned AGP
that what is the distance between the villages Amod, Bhuri and
Maljipura, she was unable to controvert the said fact.
Considering all these aspects, I am of the opinion that, the
amount of compensation awarded by the Reference Court is
required to be enhanced and the impugned judgment and
award passed by the Reference Court is required to be
modified to the extent that the claimants are entitled to get
Rs.37.50ps. per square meter, after deducting the amount
already awarded by the Special Land Acquisition Officer as well
as the Reference Court.
8. In the result, the First Appeals filed by the appellant -
State are hereby dismissed and the Cross Objection filed by
the claimant is hereby allowed. The respondent - claimant is
entitled to get additional amount of compensation of Rs.18/-
(Rs.37.50 - Rs.19.50) per square meter. The appellant shall
deposit additional amount of compensation with statutory
benefits before the Reference Court within a period of eight
weeks from the date of receipt of the order. On deposit of the
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amount, the same shall be disbursed in favour of the
claimants, through RTGS / NEFT and the bank account details
shall be furnished by the counsel for the claimants to the
Registry of the Reference Court, Bharuch. Other observations
of the Reference Court for statutory benefits provided under
the Act shall remain intact. Decree be drawn accordingly.
Record and proceedings, if received be sent back to the
concerned Reference Court forthwith.
(HEMANT M. PRACHCHHAK,J)
Dolly
