The State Of Gujarat vs Bamaniya Rammaji Lalaji
2026 Latest Caselaw 1998 Guj

Gujarat High Court

The State Of Gujarat vs Bamaniya Rammaji Lalaji on 7 April, 2026

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                               C/FA/1083/2026                                ORDER DATED: 07/04/2026

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 1083 of 2026
                                                             With
                                         CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
                                              In R/FIRST APPEAL NO. 1083 of 2026
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                                                  THE STATE OF GUJARAT & ANR.
                                                             Versus
                                                 BAMANIYA RAMMAJI LALAJI & ORS.
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                       Appearance:
                       MS DHARITRI PANCHOLI AGP for the Appellant(s) No. 1,2
                       DELETED for the Defendant(s) No. 4
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                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                         Date : 07/04/2026

                                                             ORDER

Admit. Learned advocate for the respondent waives the service of notice of admission on behalf of the respective respondents.

1. This is appeal filed under Section 54 of the Land Acquisition Act challenging the common judgment and award passed in LAR Case Nos.25 to 29 of 2021 and LAR Case No.38 of 2021 (Main LAR Case No.28 of 2021) by the Principal Senior Civil Judge, Modasa, District: Aravalli in a group of matters led by LAR Case No.28 of 2021.

2. The State Government feeling aggrieved by the grant of the compensation of Rs.1913/- per sq. mtr. for the acquisition filed these appeals.

3. Having heard learned AGP Ms.Pancholi for the appellants and learned advocates for the respondents and considering

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C/FA/1083/2026 ORDER DATED: 07/04/2026

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the order passed by the coordinate Bench in First Appeal No.2790 of 2023, which is in regards to the judgment in LAR Nos.1 to 4 of 2021 of the adjacent village whereby the amount of compensation was assessed higher than the amount of compensation assessed in the present matter so also the common oral order passed by this Court vide order dated 16.03.2026 in First Appeal No.1014 of 2026 and allied appeals which had been arisen with the same group of LAR case numbers.

4. The coordinate Bench was pleased to dismiss the said First Appeal No.2790 of 2023, holding as under:-

"9. The learned Reference Court has also relied on award for village Gajan which is at distance of 4.37 kms and therefore has rightly reduced compensation by 20% from the award made for village Gajan in LAR No. 123 to 150 of 2017 which was confirmed in First Appeal No. 2210 of 2022 by the Division Bench of this Court vide judgement dated 11.11.2022 in case of State of Gujarat vs. Heirs of Patel Bhanubhai Shamalbhai Patel.

10. In view of the above, more particularly, since it appears that land situated at Village Gajan, were acquired for the very same purpose and whereas, since it also appears that the same was taken as comparable instance, more particularly, the present land may be having more potentiality than village Gajan and also having regard to the fact that the appeals against judgments of the land reference Court as regards to village Gajan have been rejected by the Division Bench of this Court, therefore, in the considered opinion of this Court, no case for admission of the present appeals is made out."

5. In view of above, while applying the very same reasons to

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the present matters, these appeal sans merit and it is accordingly dismissed.

6. Connected Civil Application does not survive.

7. Registry is directed to return back the R & P, if any, to the concerned Court forthwith.

8. The learned Reference Court, in each of the matter, is directed to disburse the amount of compensation deposited by the State Government after deducting Court fee to the claimants long with interest and after due verification and identification and after verifying their right to claim the compensation.

(J. C. DOSHI,J) MISHRA AMIT V.