[Cites 5, Cited by 0]
Gujarat High Court
Deputy Collector And Land Acquisition ... vs Heirs Of Deceased Raghv Dharamshi on 15 January, 2026
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/4632/2018 JUDGMENT DATED: 15/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4632 of 2018
With
R/FIRST APPEAL NO. 2360 of 2018
With
R/FIRST APPEAL NO. 2361 of 2018
With
R/FIRST APPEAL NO. 2362 of 2018
With
R/FIRST APPEAL NO. 4627 of 2018
With
R/FIRST APPEAL NO. 4626 of 2018
With
R/FIRST APPEAL NO. 4628 of 2018
With
R/FIRST APPEAL NO. 5797 of 2019
With
R/FIRST APPEAL NO. 4489 of 2018
With
R/FIRST APPEAL NO. 4621 of 2018
With
R/FIRST APPEAL NO. 4622 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
In
R/FIRST APPEAL NO. 4622 of 2018
With
R/FIRST APPEAL NO. 4623 of 2018
With
R/FIRST APPEAL NO. 4624 of 2018
With
R/FIRST APPEAL NO. 4625 of 2018
With
R/FIRST APPEAL NO. 4629 of 2018
With
R/FIRST APPEAL NO. 4630 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
In
R/FIRST APPEAL NO. 4630 of 2018
With
R/FIRST APPEAL NO. 4631 of 2018
With
R/FIRST APPEAL NO. 4633 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
In
R/FIRST APPEAL NO. 4633 of 2018
With
R/FIRST APPEAL NO. 4634 of 2018
With
R/FIRST APPEAL NO. 417 of 2019
With
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NEUTRAL CITATION
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R/FIRST APPEAL NO. 1644 of 2020
With
R/FIRST APPEAL NO. 1645 of 2020
With
R/FIRST APPEAL NO. 10 of 2023
With
R/FIRST APPEAL NO. 4909 of 2018
With
R/FIRST APPEAL NO. 4510 of 2018
With
R/FIRST APPEAL NO. 4511 of 2018
With
R/FIRST APPEAL NO. 192 of 2019
With
R/FIRST APPEAL NO. 1837 of 2020
With
R/FIRST APPEAL NO. 1657 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
In
R/FIRST APPEAL NO. 1657 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
and
HONOURABLE MR.JUSTICE J. L. ODEDRA Sd/-
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Approved for Reporting Yes No
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DEPUTY COLLECTOR AND LAND ACQUISITION AND REHABILITATION (IRRIGATION),
RAJKOT & ORS.
Versus
HEIRS OF DECEASED RAGHV DHARAMSHI & ORS.
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Appearance:
MR SHIVAM DIXIT and MS POOJA CHAUDHARY, AGPs for the Appellant(s) No. 1,2,3
MR NITIN M AMIN(126) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6,1.7
MR SANJAY M AMIN(130) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6,1.7,2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 15/01/2026
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
NEUTRAL CITATION
C/FA/4632/2018 JUDGMENT DATED: 15/01/2026
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1. These appeals are preferred under Section 54
of Land Acquisition Act, 1894 read with Section 96 of
the Civil Procedure Code against the common judgment
and decree dated 17.01.2017 passed by the 12th
Additional Senior Civil Judge, Bhavnagar in Land
Acquisition Reference Case Nos.75 to 92 of 2002, having
main Land Acquisition Reference No.75 of 2002, whereby
group of land acquisition reference cases filed by the
claimants, came to be partly allowed.
2. The brief facts of the case as appears from the
main Land Acquisition Reference No.75 of 2002 is that the
lands situated at Village Kaniyad, Taluka Botad, District
Bhavnagar were acquired for the purpose of Kaniyaad
Irrigation Scheme. The State Government sanctioned the
scheme and Notification under Section 4 of the Land
Acquisition Act, 1894 has been published on 12.06.1997
and the Notification under Section 6 of the Act has been
published on 30.10.1997. Thereafter, the Special Land
Acquisition Officer has passed award dated 24.09.1999 in
LAQ No.25 of 1996 wherein the claimants were awarded
compensation at the rate of Rs. 3.50 per sq. mtr. for the
Jirayat land and Rs. 5.25 per sq. mtr. for the Bagayat land.
Being aggrieved by the same, the claimants have
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challenged the award by way of Land Acquisition
Reference No.75 to 92 of 2002 before the 12 th Additional
Principal Senior Civil Judge, Bhavnagar wherein the
Reference Court has awarded additional compensation at
the rate of Rs. 40.25 per sq. mtr. for Jirayat land and Rs.
54.43 per sq. mtr. for Bagayat land alongwith the solatium
with the interest at the rate of 15% till the realisation and
other incidental reliefs thereto.
3. At the outset, Learned Advocate for both the
sides prayed that these group of appeals be taken on
priority as cognate appeals are already decided. In this
regard, Learned AGP for the appellant-State and learned
Advocate for the claimants drew attention of the Court to
judgment and decree dated 1 2 . 0 9 . 2 0 2 5 passed by
this Court in First Appeal No.2616 of 2018
and allied matters and to the judgment and
decree dated 08.01.2026 passed by this Court in
First Appeal No.2288 of 2018 and allied matters and
submitted that the present group of appeals arose from
the acquisition proceedings arising from the same village
and therefore, similar order is required to be passed in the
present appeals also.
4. Having heard Learned Advocates for the parties
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and having perused the documents on record, it appears
that the present appeals stand on an identical footing with
the aforesaid group and nothing appears on record so as
to take a different view.
5. In this regard, reference may be made to the
judgment of a coordinate bench of this Court dated
12.09.2025 being First Appeal No.2616 of 2018 and allied
matters wherein this Court had considered the
correctness of enhancement of compensation granted by
the Reference Court in group of appeals arising out of
Land Acquisition Reference No.34 of 2002 and allied
matters. Notification under Section 4 of Land Acquisition
Act was published on 12.06.1997 and notification under
Section 6 was published on 30.10.1997 wherein the Land
Acquisition Officer passed the award on 24.09.1999
determining the market value at Rs.3.50 per sq. mtr. for
Jirayat land and Rs.5.25 per sq. mtr. for Bagayat land.
Being dissatisfied by the same, the claimants sought
reference under Section 18 of the Act, which came to be
registered as LAR No.34 of 2002 and allied matters.
5.1. The Reference Court in its judgment dated
17.01.2017 in LAR No.34 of 2002 and allied matters by
adopting the yield method, assessed the annual
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agricultural income on the basis of crop yield with
reference to oral evidence, 7/12 extracts and APMC price
lists, and thereafter by applying 50% deduction towards
cultivation expenses and multiplier of 10%, partly allowed
the references and enhanced the market value of the
compensation granted by Rs.40.25 per sq. mtr. for Jirayat
land and Rs.54.43 per sq. mtr. for Bagayat land, thereby
fixing the total compensation at Rs.43.75 per sq. mtr. for
Jirayat land and Rs.59.68 per sq. mtr. for Bagayat land.
5.2. In appeal, this Court noted that the present
group of appeals were identical to the judgment and
decree dated 12.09.2025, passed by a coordinate bench of
this Court in First Appeal No.2625 of 2018 and allied
matters and relied upon the same reasoning. In para-15 of
the said judgment, the Court has observed as under:
"15. The learned Judge, therefore, considered
Exhibits 49 to 51 and calculated the quantity of
the crops and thereafter, derived the value of
the crops and applied 50% deduction towards
the expenses and allowed the multiplier of 10.
Applying the said method, the additional
compensation at Rs.40.25/- per sq. mtr. and
total compensation at Rs.43.75/- per sq. mtr. for
Jirayat land was determined. While for Bagayat
land, the learned Judge allowed additional
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compensation of Rs.54.43/- per sq. mtr. and the
total compensation awarded was Rs.59.68/- per
sq. mtr."
This Court in the said judgment, has also relied
upon the judgment of this Court in the case of Indian Oil
Corporation Siddhpur vs. Patel Khushalbhai Joitaram &
Another reported in 2002 (1) G.L.H. 423 and affirmed that
the Reference Court had correctly applied the yield
method and held that valuation based on agricultural
yield, even involving a degree of guess work is
permissible.
5.3. The aforesaid reasoning in First Appeal No.2625
of 2018 and allied matters has been adopted by this Court
in First Appeal No.2616 of 2018 and allied matters, and it
has been observed as under:-
"5. The Division Bench was of the opinion that
while determining the compensation certain
degree of guess work would be permissible and
it further held that the learned Judge has rightly
adopted the yield method in view of the
principle laid down by this Court in the case of
Indian Oil Corporation, Siddhpur vs. Patel
Khushalbhai Joitram (supra) and that no error
has been committed in awarding the additional
amount of compensation. Hence, there is no
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reason available to this Court not to apply the
reasoning to the present group as well.
6. In the case on hand, the learned Judge, has
adopted the yield method inasmuch as, there
was no evidence produced substantiating the
sale instances and in absence of any evidence,
the yield method was correctly adopted keeping
in forefront the nature of crops, irrigation
facilities, etc. Moreover, permissible deduction
of 50% and addition of multiplier of 10 were
rightly pressed in service and hence, this Court
is of the view that the impugned judgment does
not warrant any interference. The additional
compensation has been rightly determined at
the rate of Rs.43.75/- per sq. mtr for Jirayat
Land and at the rate of Rs.59.68/- per sq. mtr.
for Bagayat Land."
6. The Court has also referred to the judgment and
decree of this court dated 08.01.2026 in First Appeal
No.2288 of 2018 and allied matters, wherein it was
observed that the appeals were left out inadvertently from
the earlier group of appeals being First Appeal No.2616 of
2018 and allied matters, and has reaffirmed the yield
method and confirmed the compensation granted by the
Reference Court in the common judgment dated
17.01.2017 in LAR Nos.34 of 2002 and allied references,
and has held as under:-
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"6.The Court having perused the impugned
judgment and decree and the justification
having been given in the preceding paras, the
Court hereby confirms the award of the
Reference Court dated 17.01.2017, whereby the
valuation of the land for the purpose of
compensation decided for non-irrigated land
being at the rate of Rs.43.75 per square meter
and Rs.59.68 per square meter for irrigated
land, is hereby upheld. The appeals therefore,
stand disposed of and impugned judgment and
decree is hereby upheld. Decree to be drawn
accordingly."
7. Moreover, it appears that the aforesaid
judgments of this Court in First Appeal No.2625 of 2018
and allied matters, First Appeal No.2616 of 2018 and
allied matters, and First Appeal No.2288 of 2018 and
allied matters which have settled the issue, have not been
challenged before the Apex Court and appear to have
been accepted and therefore, there appears to be no
reason so as to take a different view.
8. In view of the reasoning in the aforesaid
judgments and the fact that the present Appeals arose out
of the acquisition proceedings from the same village, there
appears to be no reason so as to take a different view and
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therefore, the impugned common judgment and decree
dated 17.01.2017 passed by the 12 th Additional Senior
Civil Judge, Bhavnagar in Land Acquisition Reference
Nos.75 to 92 of 2002 warrants no interference. The
appeals stand disposed of. Decree be drawn accordingly.
9. In view of the order passed in the main appeals,
Civil Applications do not survive. Disposed of accordingly.
10. R&P be sent back to the concerned Reference
Court.
Sd/-
(A.Y. KOGJE, J)
Sd/-
(J. L. ODEDRA, J)
SHITOLE
