C/FA/1515/2016 ORDER DATED: 29/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1515 of 2016 With R/FIRST APPEAL NO. 1514 of 2016 ========================================= DEVJIBHAI RAJABHAI PATEL & ORS. Versus STATE OF GUJARAT & ORS. ========================================= Appearance: MR MAKBUL I MANSURI(2694) for the Appellant(s) No. 1,2,3 MS SURBHI S BHATI, AGP for the Defendant(s) No. 1,2,3 MR NITIN V GOVINDIA(2127) for the Defendant(s) No. 1,3 ========================================= CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 29/07/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI) 1. These First Appeals under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908 have been preferred by the respective appellants seeking enhancement of compensation awarded by the learned Reference Court (Principal Senior Civil Judge, Himmatnagar) vide common judgment and award dated 13/12/2013 passed in Land Reference Cases No. 11 of 2003 and 12 of 2003 (from the group of Land Reference Cases No. 10/2003 to 13/2003) 2. The essential facts leading to the present appeals are as under: 2.1 The appellants in both these appeals were the owners of non- agricultural lands situated at village Motipura, Himmatnagar, acquired for the public purpose of constructing/widening the Idar- C/FA/1515/2016 ORDER DATED: 29/07/2026 Vijapur By-pass Road at Himmatnagar. For the purpose of the said acquisition, the State issued a notification under Section 4 of the Land Acquisition Act, 1894 ("the Act") on 06/06/2001. Subsequently, a notification under Section 6 of the Act was published on 10/11/2001, and a hearing under Section 9 was given on 14/12/2001. The Special Land Acquisition Officer passed a common award under Section 11 of the Act on 21/04/2003, determining the compensation for the acquired lands at Rs.135/- per sq. Meter. 2.2 Being dissatisfied with the valuation, the appellants filed Reference Applications under Section 18 of the Act on 27/08/2003 (Land Reference Case No. 11 of 2003 and Land Reference Case No. 12 of 2003). The learned Reference Court, Principal Senior Civil Judge, Himmatnagar, vide its impugned common judgment and award dated 13/12/2013, partly allowed the Reference Applications, awarding an additional compensation of Rs.77.80/- per sq. meter (thus assessing total market value at Rs.212.80/- per sq. meter) over and above the amount awarded by the Land Acquisition Officer. 2.3 Feeling aggrieved and dissatisfied with the quantum of compensation awarded by the learned Reference Court, the appellants have preferred the present appeals for further enhancement. 3. The learned AGP Ms. Surbhi S. Bhati appearing on behalf of the respondent-State submitted that the lands acquired in the comparable judgment relied upon by the claimants were non- agricultural lands utilized for commercial purposes. It was contended that in the cases on hand, no cogent material or iota of C/FA/1515/2016 ORDER DATED: 29/07/2026 evidence has been placed on record by the appellants to establish that the properties in question were used for commercial/non- agricultural purposes. Furthermore, it was submitted that unauthorized constructions were carried out on the subject lands, disentitling the appellants from claiming any relief or compensation for such unauthorized structures. In support of her submissions, the learned AGP placed reliance on the decisions in: (i) Project Director National Highways Vs. Alfa Remedies Ltd., Nagpur [2026 INSC 480], (ii) Madhukar S/O Govindrao Kamble & Ors. Vs. Vidarbha Irrigation Development Corporation & Ors. [(2022) SC 108], (iii) Special Land Acquisition Officer Vs. Sri Siddappa Omanna Tumari [(1994) SC 987], (iv) State of Orissa Vs. Rajakishore Das [Decided on 05/02/1996], (v) Mohammad Raofuddin Vs. The Land Acquisition Officer [(2009) SC 570], (vi) Special Land Acquisition Officer Vs. Okhabhai Ukabhai [First Appeal No. 3887 of 2014], (vii) Bharat Sanchar Nigam Limited Vs. M/s. Nemichand Damodardas [Civil Appeal No. 3478 of 2022], (viii) Spl. Land Acquisition Officer Vs. Karigowda & Ors. [Civil Appeal No. 3838 of 2010]. (ix) Bhawarlal Hiralal Tated Vs. State of Gujarat [Civil Appeal No. 5475 of 2016]. 4. In context to the submissions and objections raised by the learned AGP with regard to the awarding of compensation on unauthorized construction and non-agricultural use, we have gone through the entire impugned common order and award as well as the record on hand. 5. As regards the claim on unauthorized construction, the learned Presiding Officer/Judge has explicitly made it clear while concluding the impugned award that the appellants are not entitled C/FA/1515/2016 ORDER DATED: 29/07/2026 to compensation for any unauthorized construction. The Reference Court has already not awarded any compensation for unauthorized structures. Therefore, while the legal proposition laid down in the decisions relied upon by the learned AGP cannot be disputed, it does not come to the rescue of the respondent-State as no compensation for unauthorized construction has been awarded by the Reference Court. 6. In context to the submission that no evidence was produced regarding the nature and use of the land, the learned advocate for the appellants has drawn our attention to the reasoning assigned by the learned Presiding Officer as well as the deposition of the claimant, namely Shah Hareshkumar Babulal at Exh. 42. In paragraph 9 of his deposition, he categorically stated that the property in question was converted to Non-Agricultural (N.A.) status and was being utilized for residential purposes. More so, the learned Judge/Presiding Officer has also specifically recorded that the acquired properties in question are non-agricultural lands being used for residential purposes after getting proper N.A. permission, a fact which has been admitted by both the parties. 7. Having established that the lands in question are non- agricultural lands situated in Motipura, which is known as the heart of the city in Sabarkantha district having high development potential, we advert to the valuation aspect based on the decided comparable case of the very same locality, Pranav Kanubhai Raval vs. State of Gujarat in First Appeal No. 1180 of 2014, decided on 13/10/2015. In that case, the subject land was also non- agricultural land situated in Motipura, Himmatnagar, acquired for the purpose of road widening. This Court considered the Government's own allotment order at Exh. 99 of a nearby non- C/FA/1515/2016 ORDER DATED: 29/07/2026 agricultural plot in Motipura valued at Rs.1500/- per sq. meter as of June 1998, and after applying a 10% deduction towards smallness of area and betterment charges, assessed the market value of the land at Rs.1350/- per sq. meter as on the date of Section 4 notification (13/03/1999). Consequently, in the operative part of the aforesaid decided case, this Court allowed the appeal and awarded additional compensation to the tune of Rs.1270/- per sq. meter over and above Rs.80/- per sq. meter awarded by the Special Land Acquisition Officer, along with solatium, statutory interest, and 12% additional market value under statutory provisions. 8. Reverting to the facts of the cases on hand, the notification under Section 4 of the Act was issued on 06.06.2001, whereas in the aforesaid decided case, the notification under Section 4 was issued on 13.03.1999. There is, thus, a gap of about two years between the two notifications. Considering the location of the land in a developing non-agricultural area of Motipura and giving a reasonable annual price rise of 10% per annum over the market value of Rs.1350/- per sq. mtr. determined in the decided case, the market value of the lands in question as on the date of Section 4 notification would come to Rs.1633.50 per sq. mtr. The Special Land Acquisition Officer having already awarded compensation @ Rs.135/- per sq. mtr., the appellants/claimants in both the appeals would be entitled to receive additional compensation of Rs.1498.50 per sq. mtr. This would be accompanied by solatium, statutory interest, and 12% additional market value as per statutory provisions under Section 23(1-A), Section 23(2), and Section 28 of the Act. 9. It is further made clear that the present appeals have been preferred after a period of delay, which was subsequently C/FA/1515/2016 ORDER DATED: 29/07/2026 condoned by this Court. In view of the directions issued while condoning the delay, it is explicitly directed in the operative part that the appellants shall not be entitled to claim or receive any statutory interest for the specific period from the date of the award till the date of the order condoning delay/passing of order in question, and the said period shall be strictly deducted while calculating statutory interest. 10. Both the First Appeals are partly allowed with proportionate costs. 10.1 The common judgment and award dated 13/12/2013 passed by the learned Principal Senior Civil Judge, Himmatnagar in Land Reference Case No. 11 of 2003 and Land Reference Case No. 12 of 2003 stands modified to the extent that the respective appellants shall be entitled to receive additional compensation @ Rs.1498.50 per sq. meter (determining total market value at Rs.1633.50 per sq. meter) over and above the compensation of Rs.135/- per sq. meter awarded by the Special Land Acquisition Officer. 10.2 The appellants shall also be entitled to all statutory benefits including 30% solatium under Section 23(2), additional amount at the rate of 12% per annum under Section 23(1-A), and statutory interest under Section 28 of the Land Acquisition Act, 1894 as applicable. Deduction of Interest for Delay Period, it is explicitly ordered that while calculating statutory interest under Section 28 of the Act, the period starting from the date of the Reference Court's award (13/12/2013) till the date of passing of order on the delay application shall be strictly deducted, and the appellants shall not be entitled to receive any interest for the said delayed period. The respondent State / Acquiring Authority is directed to deposit C/FA/1515/2016 ORDER DATED: 29/07/2026 the enhanced amount of compensation along with statutory benefits before the Reference Court within a period of twelve weeks from the date of this order. Record & Proceedings, if any, be sent back to the trial Court forthwith. (ILESH J. VORA,J) (R. T. VACHHANI, J) Kaushal Rathod Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 29/07/2026 13:22:29