Gujarat High Court
Special Land Acquisition Officer vs Jethalal Fulchanddas Patel Deceased on 12 September, 2025
NEUTRAL CITATION
C/FA/2301/2011 JUDGMENT DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2301 of 2011
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
JETHALAL FULCHANDDAS PATEL DECEASED & ORS.
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Appearance:
MS KRISHNA DESAI, ASST. GOVERNMENT PLEADER for the Appellant(s)
No. 1,2
DELETED for the Defendant(s) No. 1.1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 12/09/2025
ORAL JUDGMENT
1. By way of this appeal, the appellants have challenged the
common judgment and award dated 25.09.2008 passed by the
learned Reference Court being learned Principal Senior Civil Judge,
Gandhinagar in LAR Nos.18 to 30 of 2003 whereby, the Reference
Court has awarded Rs.100/- per square meter for the acquired land as
an additional compensation, over and above the compensation
already awarded by the Land Acquisition Officer together with
solatium and interest.
2. The facts of the present case are that the appellants have
acquired the land situated at Village: Lavarpur, Taluka & District:
NEUTRAL CITATION
C/FA/2301/2011 JUDGMENT DATED: 12/09/2025
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Gandhinagar for public purpose for construction of Road from National
Highway No.8 to Lavarpur-Shahpur. Notification under Section 4 of the
Land Acquisition Act was published on 01.08.1996 and Notification
under Section 6 of the Land Acquisition Act was published on
10.04.1997. The award under Section 11 of the Land Acquisition Act
was passed by the Special Land Acquisition Officer in LAQ Case No.
3/1994 and awarded the compensation at Rs.12/- per square meter.
Being aggrieved by the said award, the claimants have preferred the
aforesaid Land Reference Cases before the Reference Court whereby,
the Reference Court awarded additional compensation at Rs.100/- per
square meter vide its judgment and award dated 25.09.2008.
3. Being aggrieved and dissatisfied with the impugned judgment
and award, the appellants have preferred the present appeal.
4. Heard Ms. Krishna Desai, learned Assistant Government
Pleader, appearing on behalf of the appellants.
5. Learned AGP Ms. Desai has submitted that some of the original
claimants against whom the State had preferred the appeals being
First Appeal Nos.712 of 2011 to 719 of 2011 with 721 of 2011, have
already been decided by this Court vide order dated 13.08.2015,
whereby, the appeals preferred by the State have been dismissed by
this Court and that order became final and therefore, she has urged
that appropriate orders may be passed.
6. In view of above position, since the appeals filed by the State
against the very same judgment and award dated 25.09.2008 passed
by the Reference Court, have been dismissed by this Court vide order
dated 13.08.2015 and that has become final, therefore, the present
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C/FA/2301/2011 JUDGMENT DATED: 12/09/2025
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appeal is also required to be dismissed and no interference is required
to be called for in the present appeal.
7. In the result, the appeal is dismissed. If the appellants have not
deposited the amount then the same shall be deposited before the
Reference Court within a period of eight weeks from the date of
receipt of this order. If the amount is deposited by the appellants
before the Reference Court, the same shall be disbursed in favour of
the claimants after verifying their bank details through RTGS / NEFT.
Registry is directed to send back the record and proceedings to the
Reference Court forthwith. No order as to costs.
(HEMANT M. PRACHCHHAK,J)
Dolly
