[Cites 4, Cited by 0]
Gujarat High Court
Ruchitaben Kamleshkumar Modi vs Deputy Collector on 24 April, 2026
NEUTRAL CITATION
C/FA/3648/2011 ORDER DATED: 24/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3648 of 2011
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RUCHITABEN KAMLESHKUMAR MODI
Versus
DEPUTY COLLECTOR & ORS.
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Appearance:
MS.NIDHI P BAROT(6675) for the Appellant(s) No. 1
MR BHARAT VYAS, AGP for the Defendant(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 24/04/2026
ORDER
1. The present appeal filed under Section 54 of the Land
Acquisition Act, 1894 ('the Act', for short) arises from the
judgment and award passed by the Reference Court i.e.
Second Additional Senior Civil Judge, Panchmahal at Godhra
in Land Reference Case No.94 of 2003 granting an additional
compensation of Rs.85.50 paisa per sq mtr with statutory
benefits to the original claimant. The claimant - appellant
herein having been aggrieved preferred this appeal.
2. The brief facts are that the land under reference situated
at Village:Gadakpur, Tal.Godhra, Dist.Panchmahal was
acquired for the purpose of Vadodara-Godhra-Dahod bypass
road. Accordingly the acquisition proceedings were initiated.
The Notification under Section 4 of the Act was issued on
13.01.2000 in Government Gazette and Notification under
Section 6 of the Act was issued on 06.07.2000. The Special
Land Acquisition Officer declared his award in L.A.Q. Case
No.10 of 1999 on 06.01.2003 and awarded Rs.1,25,000/-
(Rupees One Lakh Twenty Five Thousands Only) per Hector
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C/FA/3648/2011 ORDER DATED: 24/04/2026
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for the acquired lands.
3. Being aggrieved, the original claimant preferred
Reference under Section 18 of the Act before the Reference
Court. In a group of Reference Case consists of L.A.R.No.89 of
2003 to 100 of 2003 (consolidated L.A.R.No.88 of 2003)
keeping the LAR No.88 of 2003 as main reference case,
learned Reference Court was pleased to grant additional
compensation of Rs.85.50 paisa per sq mtr to the claimants.
Still, being dissatisfied the claimants preferred the appeals
against the judgment of the Reference Court, in each matter.
4. Heard learned advocate Mr.Nidhi Barot for the appellant
- original claimant and learned Assistant Government Pleader
Mr.Bharat Vyas for the respondent State authority.
5. Ms.Barot, learned advocate for the appellant refers to
the judgment dated 24.09.2019 rendered by the Division
Bench passed in First Appeal No.979 of 2013 and allied
matters whereby the Division Bench of this Court decided the
compensation of Rs.569/- per sq mtr. She would further
submit that this appeal arises from the same group of matters
and, therefore, the whatever reasons assigned by the
judgment passed by the Division Bench would apply in the
facts of present case and, therefore, she submits to allow this
appeal.
6. Learned Assistant Government Pleader Mr.Bharat Vyas
could not point out any other point except arguing that one
another matter is pending before the Coordinate Bench of this
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Court.
7. In paras:36, 37, 38 and 39 of the judgment rendered in
First Appeal No.979 of 2013, the Division Bench of this Court
has observed as under:
"36. It appears from the judgment of the Reference
Court that it took into consideration the judgment and
award passed in the Land Acquisition Reference Case
No.451 of 2008 as the comparable instance. In the Land
Acquisition Reference Case No.451 of 2008, the lands
of village Vavdi-Bujarg had been acquired. It has been
submitted that village Vavdi-Bujarg is situated near
village Parawdi, which is under consideration. The
Reference Court considered the notification under
Section 4 of the Act published in the Government
Gazette on 31.8.2006, in the case of the Land
Acquisition Reference Case No.451 of 2008, whereas in
the present case, the notification under Section 4 was
published in the Government Gazette on 16.7.2008 and,
therefore, there was a time-gap of more than 22 months
between the publication of the two notifications under
Section 4 of the Act, of the comparable instance. In that
view of the matter, the Reference Court appreciated
that there must be rise in the market value of the lands
and, therefore, considered 10% rise per year in the
present case. On that basis, i.e. the comparable
instance of the judgment passed in the Land Acquisition
Reference Case No.451 of 2008 and 10% rise in the
market value per year, the Reference Court calculated
rise for 22 months in the market value at the rate of
10% per year and thereafter came to the conclusion
that the market value for the present case comes to
Rs.581/- per Sq.Mtr. The Land Acquisition officer had
granted Rs.12/- per Sq.Mtr., which had been deducted
from the market value and thereafter it came to the
conclusion that the original claimants, respondents
herein are 1.e. entitled additional compensation at the
rate of Rs.569/- per Sq.Mtr.
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37. The Reference Court has relied upon the judgment
and award passed in the Land Acquisition Reference
Case No.451 of 2008. The said Land Acquisition
Reference Case No.451 of 2008 alongwith the other
group of matters were challenged by the present
appellant State by way of the First Appeals Nos. 1637
to 1641 of 2012. The above mentioned First Appeals
Nos.1637 to 1641 of 2012 are listed alongwith the
present appeals and, therefore, the above mentioned
First Appeals Nos.1637 to 1641 of 2012 are decided in
the present judgment. The said First Appeals Nos. 1637
to 1641 of 2012 filed by the State are dismissed by this
Court as stated above and the judgment and award
passed in the Land Acquisition Reference Case No.451
of 2008 alongwith the other group of matters is
confirmed and upheld.
38. The above mentioned judgment and award passed
in Land Acquisition Reference Case No.451 of 2008 is
for the village Vavdi-Bujarg, which is situated nearby
the village Parawadi. The said judgment has been relied
upon by the Reference Court as the base for the
calculation of the market value, and has been rightly
and properly considered by the Reference Court.
39. In view of the above referred facts and
circumstances and appreciating the judgment and
award passed by the Reference Court, it appears the
Reference Court that committed по error in to has the
coming conclusion that the original claimants are
entitled for the additional compensation of Rs.569/- per
Sq.Mtr."
8. The reasons assigned by the Division Bench of this Court
in group of matters arises from the same common judgment
pari passu applies to the present appeal and it is applied
accordingly.
9. For the reasons stated herein above, the present appeal
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is allowed. The appellant herein - original claimant is entitled
to an additional compensation of Rs.569/- per sq mtr in
addition to the compensation already awarded.
10. Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
11. The learned Reference Court is directed to disburse the
amount of compensation deposited by the State Government
after deducting Court fee to the claimants after due
verification and identification along with interest and after
verifying their right to claim the compensation.
(J. C. DOSHI,J)
MISHRA AMIT V.
