C/FA/190/2009 ORDER DATED: 04/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 190 of 2009 ========================================================== DAHYABHAI LAKHMANBHAI KUBERBHAI Versus SPL. LAQ OFFICER & ANR. ========================================================== Appearance: MR SP MAJMUDAR(3456) for the Appellant(s) No. 1 MS HEMALI SONI, AGP for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 04/05/2026 ORDER 1. Common judgment passed in group of Land Reference Cases starting from LAR Case No.42 of 1998 are challenged in First Appeal No.177 of 2009 and allied matters. Present appeal arise from judgment and award passed in Land Reference Case No.40 of 1998. It is part of group of matters. 2. Heard learned advocate Mr.Manan Pandya for the appellant and learned AGP Ms.Hemali Soni for the respondent- State. 3. Learned advocate Mr.Pandya for the appellant places on record judgment dated 03.10.2025 passed by Co-ordinate Bench in First Appeal Nos.177 of 2009 and allied matters. Para 5,6,7, 8 and 9 of the said judgment passed by Co- ordinate Bench in First Appeal No.177 of 2009 and allied matters reads as under :- C/FA/190/2009 ORDER DATED: 04/05/2026 “5. Heard Mr. Y.H. Motiramani, learned counsel appearing for the appellants, Ms. Roshni Patel, learned Assistant Government Pleader, appearing for respondent No.1 and Mr. Nilay H. Patel, learned counsel appearing for the respondent No.2 – Saurashtra Branch Canal Department, Botad. 6. Learned counsel Mr. Motiramani has submitted that the impugned judgment and award passed by the Reference Court is contrary to law and evidence on record. He has submitted that the Reference Court has failed to appreciate the fact that the land in question was a fruitful land and tremendous loss is caused to the appellants by its acquisition by the State Government. He has submitted that the appellants were earning their livelihood in the land in question and, therefore, the amount arrived at by the Reference Court is very meager and small amount. He has submitted that the appellants were harvesting number of crops during one year from the land in question, however, this aspect was not considered by the Reference Court while passing the impugned judgment and award. He has submitted that the Reference Court has not considered various revenue records like Form 7/12 etc. for consideration of the fruitfulness of the land in question and the deposition given by various witnesses in its true and proper perspective while passing the impugned judgment and award and awarded only Rs.13/- per square meter, which is unjust and inadequate. He has submitted that the Reference Court has not considered the market value of the land in question and the similar sale instances in its proper perspective while passing the impugned judgment and award. He has submitted that the Reference Court ought to have awarded at least Rs.50/- per square meter considering the evidence on record. Over and above the grounds agitated in the memo of appeal, learned counsel Mr. Motiramani has urged that in view of the aforesaid facts, the impugned judgment and award be appropriately modified and the appeals be allowed to that extent. 7. Per contra, learned AGP Ms. Roshini Patel and learned counsel Mr. Nilay Patel, appearing for the C/FA/190/2009 ORDER DATED: 04/05/2026 respective respondents, have strongly objected the present appeals and submitted that the Reference Court, after considering the oral as well as the documentary evidence and after considering the material produced before it, has rightly passed the impugned judgment and award and there is no any illegality or any irregularity committed by the Reference Court while passing the impugned judgment and award. However, they have fairly submitted before this Court that the award passed by the Reference Court in LAR Case Nos.7 of 1999 to 20 of 1999 pertaining to same village Lathidad, Ta. Botad, Dist. Bhavnagar, wherein an amount of Rs.47/- per square meter has been awarded, has been accepted by the respondents and the same is not challenged further and the same has attained finality. It is submitted that therefore, similar amount of compensation, as awarded in aforesaid LAR cases, is required to be awarded in the present case and the learned counsels have urged that appropriate orders may be passed. 8. I have heard the learned counsel appearing for the respective parties and perused the material placed on record. I have also gone through the impugned judgment and award passed by the Reference Court. On perusal of the award dated 29.09.2018 passed by the Reference Court in LAR Case Nos.7 of 1999 to 20 of 1999 pertaining to same village Lathidad, Ta. Botad, Dist. Bhavnagar, it appears that the lands in the said cases were acquired for the same purpose by issuing notification under Section 4 on 12.06.1995, whereas, in the present case, notification under Section 4 was issued on 17.04.1995, so there was a gap of only 2 months in issuance of both the notifications. Considering all these aspects, this Court is of the opinion that the appeals require consideration and the impugned judgment and award deserves to be modified to the extent that the appellants are entitled to an amount of Rs.47/- per square meter taking into consideration the award dated 29.09.2018 passed in LAR Case Nos.7 of 1999 to 20 of 1999. 9. Resultantly, following final order is passed:- All the first appeals are hereby allowed. The appellants – C/FA/190/2009 ORDER DATED: 04/05/2026 claimants of these appeals shall be entitled to get Rs.30.50ps. per square meter in addition to the amount of Rs.3.50ps. (1.40 + 2.10) per square meter awarded by the Special Land Acquisition Officer and Rs.13/- per square meter awarded by the Reference Court, Bhavnagar, the total amount comes to Rs.47/- per square meter. The respondents shall deposit additional amount of compensation with statutory benefits before the Reference Court within a period of eight weeks from the date of receipt of the order. On deposit of the amount, the same shall be disbursed in favour of each claimant, through RTGS / NEFT and the bank account details shall be furnished by the counsel for the claimants to the Registry of the Reference Court, Bhavnagar. Other observations of the Reference Court for statutory benefits provided under the Act shall remain intact. Decree be drawn accordingly. Record and proceedings be sent back to the concerned Reference Court forthwith.” 4. Borrowing aforesaid findings and applying to the facts of present case, the appeal is allowed in terms of aforesaid judgment. The appellant – claimant is entitled to get Rs.30.50ps. per square meter in addition to the amount of Rs.3.50ps. (1.40 + 2.10) per square meter awarded by the Special Land Acquisition Officer and Rs.13/- per square meter awarded by the Reference Court, Bhavnagar. The appellant – claimant is therefore, entitled to get total amount of Rs.47/- per square meter. The respondents shall deposit additional amount of compensation with statutory benefits before the Reference Court within a period of twelve weeks from the date of receipt of the order. It is clarified that appellants are not entitled to the interest on additional amount of compensation awarded by this Court for delayed period, if any. On deposit of the amount, the same shall be disbursed in C/FA/190/2009 ORDER DATED: 04/05/2026 favour of claimant, through RTGS / NEFT after due verification and identification and after verifying their right to claim compensation. Decree be drawn accordingly. Record and proceedings be sent back to the concerned Reference Court forthwith. (J. C. DOSHI,J) SATISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 04/05/2026 16:24:36