Gujarat High Court
State Of Gujarat vs Prahaladbhai Chunilal ... on 16 September, 2025
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C/FA/2821/2011 JUDGMENT DATED: 16/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2821 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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STATE OF GUJARAT & ANR.
Versus
PRAHALADBHAI CHUNILAL SATHWARADECEASED & ORS.
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Appearance:
MS AGNEYA MANKAD, ASST. GOVERNMENT PLEADER for the
Appellant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 1.1,1.2,1.3,1.4
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 16/09/2025
ORAL JUDGMENT
1. Present appeal is filed by the appellant-State under Section 54
of the Land Acquisition Act, 1894 r/w Section 96 of the Code of Civil
Procedure, 1908 challenging the judgment and award dated
23.10.2008 passed by the learned Presiding Officer, F.T.C. No.1,
Mehsana (hereinafter be referred to as the "Reference Court") in
Land Reference Case Nos.1 to 16 of 2005 whereby the Reference
Court partly allowed the Reference Case Nos. 1 to 16 of 2005 and
awarded amount of Rs.82.00 per Sq. Mtr. over and above the amount
of compensation awarded by Special Land Acquisition Officer.
2. The facts in brief are that the competent authority under the
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C/FA/2821/2011 JUDGMENT DATED: 16/09/2025
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Land Acquisition Act had acquired land situated at Village Kherva,
Taluka and District Mehsana, belonging to the respondents-original
claimants for the purpose of extension of Jalashay. The notification
under Section 4 has been published by the competent authority under
the Act on 4.7.2002 and after following due procedure, notification
under Section 6 was published on 24.10.2002 and thereafter, the
lands came to be acquired. Award came to be passed by the Land
Acquisition Officer in L.A.Q. Case No.13 of 2002, whereby the Land
Acquisition Officer has awarded Rs.18.10/- per sq. mtr. for the
irrigated land.
3. Being aggrieved and dissatisfied with the said award, the
original claimants preferred Land Reference Case Nos. 1 to 16 of 2005
before the Reference Court.
4. The Reference Court after hearing both the parties and after
evaluating the evidence placed on record has passed the impugned
judgment and award, awarded Rs.82/- per sq. mtr. over and above the
compensation already awarded by the Land Acquisition Officer. Being
aggrieved and dissatisfied with the impugned judgment and award,
the State has preferred present appeal.
5. Heard Ms. Agneya Mankad, learned Assistant Government
Pleader for the appellants. Though served, no one has appeared on
behalf of the respondents-claimants.
6. Learned AGP for the appellant has submitted that the Reference
Court has committed an error in passing the impugned judgment and
award. She has submitted that the Reference Court has without
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C/FA/2821/2011 JUDGMENT DATED: 16/09/2025
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assigning any reason has increased the compensation awarded by the
Land Acquisition Officer. She has also submitted that the claimants
have not produced any evidence to prove or show that they are
entitled to more compensation. She has submitted that the Reference
Court has failed to appreciate the documentary evidence produced by
the appellant and therefore, she 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.
7. It appears that in identical group of appeals arising from the
same village i.e. Kherva, the Division Bench of this Court vide
judgment and award dated 9.9.2010 passed in First Appeal No. 441 of
2010 and allied matters, has already decided the similar issue. In the
said appeals the lands were acquired for the purpose of "Sujlam
Suflam" Spreading Canal, whereas in present case, the lands were
acquired for the purpose of extension of Jalashay.
8. The Division Bench of this Court, after hearing both the sides
and after evaluating the evidence placed on record has confirmed the
order passed by the Reference Court.
9. Present appeal is squarely covered by the said judgment and
award dated 9.10.2010 passed by the Division Bench of this Court in
First Appeal No. 441 of 2010 and allied matters.
10. In view of the above, learned AGP is unable to canvas her
contention, as the present appeal is already covered by the said
judgment and award.
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11. In view of the above and in view of the decision of this Court in
case of State of Gujarat vs. Amaji Mohanji Thakor reported in
2010 GLH 3 447, present appeal does not deserves to be
entertained and the same is required to be dismissed. Accordingly,
present appeal is hereby dismissed in view of the above referred
judgment.
12. The amount deposited by the appellant - State shall be
disbursed in favour of respondents - claimants after following due
procedure through R.T.G.S. / N.E.F.T., within period of eight weeks
from the date of receipt of copy of this order. Interim relief, if any
stands vacated forthwith. Record and proceedings if received, be sent
back to the concerned Reference Court forthwith.
(HEMANT M. PRACHCHHAK,J)
Dolly
