[Cites 5, Cited by 0]
Gujarat High Court
The State Of Gujarat vs Kushkivala Mohmmadhabib Abdulbhai on 17 April, 2026
NEUTRAL CITATION
C/FA/4496/2024 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4496 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/FIRST APPEAL NO. 4496 of 2024
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THE STATE OF GUJARAT & ANR.
Versus
KUSHKIVALA MOHMMADHABIB ABDULBHAI
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Appearance:
MS HEMALI SONI, AGP for the Appellant(s) No. 1,2
KASHYAP R JANI(8287) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 17/04/2026
ORDER
1. Heard Ms.Hemali Soni, learned Assistant Government
Pleader for the Appellant - State and Mr.Kashyap Jani,
learned advocate for the respondent - original claimant/s.
2. This appeal is filed under Section 54 of the Land
Acquisition Act, 1894 ('the Act', for short) against the
common judgment and award dated 22.02.2022 passed by the
Reference Court i.e. learned Principal Senior Civil Judge,
Modasa at Dist.Arvalli in LAR Case No.09 of 2021, whereby
the Reference Court pleased to award compensation of
Rs.1773/- per sq mtr for acquired land to the claimants till the
Notification under Section 4 of the Act was published on
04.06.2009. The Land Acquisition Case No.04/2009-11
decided by the Land Acquisition Officer under Section 11 and
declared the award Rs.12.80 per sq mtr for acquired land with
usual statutory benefits and interest. In Reference filed under
NEUTRAL CITATION
C/FA/4496/2024 ORDER DATED: 17/04/2026
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Section 18 of the Act, the Reference Court has determined the
aforesaid amount. Being aggrieved the State Government has
preferred the present appeal.
3. Learned advocate Mr.Jani read upon the judgment of
this Court passed in First Appeal No.1014 of 2006 and allied
matters decided on 16.03.2026 for the acquisition of the same
village under Section 4 of the Notification issued for the
similar time period. The First Appeal No.1014 of 2006 is filed
against the common judgment in LAR No.28 of 2021 by which
LAR Nos.25, 26, 29, 38 and 28 of 2021 decided granting
Rs.1910/- per sq mtr as compensation.
4. This Court, in para:4 of the order passed in First Appeal
No.1014 of 2006 and allied matters, referred the other
judgments passed by the Coordinate Bench, and was pleased
to dismiss the appeal. Para:4 of the said order reads as under:
4. The coordinate Bench was pleased to dismiss the appeal
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
NEUTRAL CITATION
C/FA/4496/2024 ORDER DATED: 17/04/2026
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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 the above, while applying the very same
reasons to the present matter, this appeal sans merit and
according dismissed. Connected Civil Application, if any,
stands disposed of accordingly. Records and Proceedings be
sent back to the concerned Reference Court, forthwith.
6. The learned Reference Court is directed to disburse the
amount compensation deposited by the State Government
after deducting Court fees to the claimants along with interest
and after due verification and identification and after verifying
right of claimants for compensation.
(J. C. DOSHI,J)
MISHRA AMIT V.
