C/FA/1934/2012 JUDGMENT DATED: 18/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1934 of 2012 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/- ========================================================== Approved for Reporting Yes No ========================================================== SULEMAN ISMAIL ALI SINCE DIED THROUGH HIS HEIRS & ORS. Versus SPECIAL LAND ACQUISITION OFFICER & ANR. ========================================================== Appearance: MR KM SHETH(838) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6,2 MS ROSHNI PATEL AGP for the Respondents ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 18/07/2025 ORAL JUDGMENT 1. This appeal is preferred by the appellants - original claimants under Section 54 of the Land Acquisition Act r/w Section 96 of the Civil Procedure Code against the common judgment and award dated 23/11/2011 passed by the learned Principal Senior Civil Judge, Bharuch (hereinafter be referred to as “the Reference Court”) in Land Acquisition Reference Case No.311 2005, whereby additional amount of Rs.60.74 per square meter has been awarded with other consequential benefits to the appellants/claimants. Notification Under Section 4 of the land Acquisition Act, 1894 (for short “the Act”) in respect C/FA/1934/2012 JUDGMENT DATED: 18/07/2025 of lands under acquisition was issued on 02/04/2002 and declaration under section 6 of the Act was published on 13/08/2002. The Special Land Acquisition Officer vide his award being New land Acquisition Case No.6 of 2002 made under section 11 of the Act, awarded Rs.327 per ARE (Rs.3.27 per square meter) to the appellants/claimants as compensation for acquired lands. Against such award, the appellants herein approached the Court seeking reference under section 18 of the Act. 2. Heard Mr. K.M.Sheth, learned council appearing for the appellants and Ms. Roshni Patel, learned assistant Government Pleader appearing for the respondent at length and perused the impugned judgment and award. 3. Mr. Sheth, learned council for the appellants has submitted that the land of the original claimants has been acquired for the purpose of Narmada Project, for which notification under section 4 of the Act was published on 02/04/2002 and declaration under section 6 of the Act was published on 13/08/2002. He has submitted that the C/FA/1934/2012 JUDGMENT DATED: 18/07/2025 land Acquisition officer has declared the award, awarding the amount of compensation at the rate of Rs.3.27 per square meter and since the amount of compensation was very meager, the appellants/claimants preferred Land Reference Case under section 18 of the Act before the Reference Court. He has submitted that for the same project, the State Government has acquired the land of adjoining Village: Malpur, Taluka: Jambusar, District: Bharuch where the notification under section 4 was issued on 25/08/2005 and the land Acquisition officer has awarded the amount of compensation at the rate of Rs.2.46 per square meter, which came to be challenged by Concerned claimants before the Reference court, wherein the reference court has determined the market value of the acquired land of the concerned claimants at the rate of Rs.209.97 per square meter as additional amount of compensation over and above the amount awarded by the land Acquisition officer. While referring the judgment and order dated 27/09/2013 passed by the Coordinate bench of this Court in First Appeal No.2546 of C/FA/1934/2012 JUDGMENT DATED: 18/07/2025 2013 to First Appeal No.2553 of 2013, Mr.Sheth, learned counsel for the appellants has submitted that the Coordinate Bench of this Court has confirmed the order passed by the Reference Court awarding Rs.253.21 per square meter, relying upon the judgment and order dated 28/12/2012 of the Division bench of this Court passed in First Appeal no.4002 to 4021 of 2012 (pertained to acquired land of Village Sindhav), wherein the Division Bench of this Hon’ble Court did not find any exception or any rational basis against the reasoning adopted by the learned Reference court relying upon the awards passed in land Acquisition Reference Case Nos.558 of 2007 and report Exh.34 of the District Valuation committee. 4. 4. Mr.Sheth learned Counsel for the appellants has submitted that the State Government has sold the waste land situated at village Devla to BSNL at the rate of Rs.197 per square meter on 19/03/2001 and in the present case of the appellants, market value determined at the rate of Rs.3.27 per square meter by the Special land Acquisition officer, wherein notification was C/FA/1934/2012 JUDGMENT DATED: 18/07/2025 published on 02/04/2002, and on approaching the reference court, determined the market value at the rate of Rs.60.74 additional amount of compensation, and therefore, when the State Government sold the land at different price and acquired at the rate of different price is completely violence of legal principle laid down by this Hon’ble Court. It is submitted by the learned counsel for the appellants that there is 3 months gap in issuance under section 4 of the Act between two village i.e. Village Sindhav wherein, notification under section 4 published on 15/01/2002(FA No.4002 and allied Appeals) and village Devla wherein notification under section 4, published on 02/04/2002 and therefore considering 10% increase per year, for 3 months 2.5% increase to be considered and accordingly 2.5% of 135.75 comes to Rs.3.39 and to add in the amount of Rs.135.75, it comes to Rs.139.14 per square meter and therefore the appellants may be awarded Rs.139.14 per square meter instead of Rs.64.01 per square meter awarded by the SLO and Reference court (Rs.3.27 by SLO + Rs.60.74, C/FA/1934/2012 JUDGMENT DATED: 18/07/2025 awarded by the Reference court) and therefore the reference court has awarded Rs.60.74 per square meter as additional amount of compensation is against the settled principal laid down by the court in the case of Village Sindhav (First Appeal No.4002 of 2012 and other allied appeals) and therefore the appellants have prayed additional amount of compensation at the rate of Rs.75.13 per square meter(Rs.139.14 – Rs.64.01 = Rs.75.13 per square meter) over and above the amount awarded by the Special land Acquisition Officer and the learned Reference Court. He has submitted that in case the additional amount is awarded over and above the amount as prayed in the present first appeal, the appellants are ready and willing to pay the additional court fee, which is paid at the rate of Rs.75/- per square meter. He has submitted that considering the decision of the Hon’ble Apex court, the Appellate Court can award additional compensation over and above the amount prayed by the claimants. 5. Per contra, Ms.Patel, learned Assistant Government C/FA/1934/2012 JUDGMENT DATED: 18/07/2025 Pleader for the respondent has referred and relied upon the judgment and order dated 10/03/2016 passed by the Division bench of this court in First Appeal No.610 of 2014 and allied appeals in relation to the acquired land of village Sindhav, Taluka: Jambusar, District: Bharuch, which is adjoining village of Devla wherein the reference court has awarded Rs.60.74 per square meter additional amount of compensation and the appellants have demanded Rs.75.13 per square meter in addition to the amount awarded by the SLO and reference court in respective land Reference Cases. Ms.Patel, learned Assistant Government Pleader has submitted that the appellants/claimants are entitled for amount which they have sought for. She has fairly submitted that in case of Village Sindhav, the Division Bench of this Court has awarded additional amount of compensation at the rate of Rs.134.39 per square meter which is adjacent village of Devla and, therefore, the Court may pass appropriate order. 6. This Court has considered the submissions canvassed C/FA/1934/2012 JUDGMENT DATED: 18/07/2025 by the learned counsel appearing for the respective parties and perused the material on record. It appears that the learned AGP is unable to controvert the fact that this court has already considered the case of acquired land of Village Sindhav. 7. In view of the aforesaid facts and circumstances of the case and the decisions cited at the bar and statement and considering the difference of 3 months between two notifications, 10% increase per year, for 3 months 2.5% of 135.75 comes to Rs.3.39 per square meter and to add in Rs.135.75, it comes to Rs.139.14 per square meter so the appellants are entitled to Rs.139.14 per square meter with other consequential benefits available under the Act, instead of Rs.64.01 per square meter (Rs.3.27 awarded by SLO + Rs.60.74 per square meter awarded by the learned reference court) as market value of the acquired land of the appellants. 8. In the result, present appeal is partly allowed. The judgment and award of the reference court is modified to C/FA/1934/2012 JUDGMENT DATED: 18/07/2025 the extent that the appellants are entitled to Rs.75.13 per square meter (Rs.139.14-Rs.64.01=Rs.75.13) as additional amount of compensation over and above the amount awarded by the Special land Acquisition Officer and the learned Reference Court. Other observation of the Reference Court for benefits provided under the Act remain intact. The respondents shall deposit the additional amount of compensation with consequential benefits before the learned Reference court within period of eight weeks from the date of the order. On deposit of the amount, the same shall be disburse in favour of each appellant/claimants after deducting the difference of the court fees, through RTGS/NEFT and the bank account details shall be furnished by the counsel for the appellants/claimants to the registry of the concerned Reference Court. The decree be drawn accordingly. Record and Proceedings be sent to the concerned Reference Court forthwith. Sd/- (HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/07/2025 18:03:10