C/FA/250/2004 JUDGMENT DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 250 of 2004 With CIVIL APPLICATION NO. 1 of 2005 In R/FIRST APPEAL NO. 250 of 2004 With R/FIRST APPEAL NO. 251 of 2004 With R/FIRST APPEAL NO. 252 of 2004 With R/FIRST APPEAL NO. 253 of 2004 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/- ========================================================== Approved for Reporting Yes No ========================================================== DY.GENERAL MANAGER Versus BHARATSINH DAHYABHAI,POA OF BEJUBEN CHHITUBHAI & ANR. ========================================================== Appearance: MS NIYATI CHAUHAN FOR MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1 MS ROSHNI PATEL AGP for the Defendant(s) No. 2 MR NK MAJMUDAR(430) for the Defendant(s) No. 1 MR ARSHAD SHAIKH AND MR. MANAN PANDYA FOR MR SP MAJMUDAR(3456) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 13/06/2025 ORAL JUDGMENT ORDER IN CIVIL APPLICATION NO.1 of 2005 Present application is preferred for correction in the C/FA/250/2004 JUDGMENT DATED: 13/06/2025 name of the applicant. Heard learned counsel appearing for the respective parties. Considering the facts and circumstances of the case, present application is hereby allowed. The name of the applicant viz. Bajuben-Widow of Chhitubhai Dahyabhai be read as Bajuben-Widow of Dahyabhai Chhitubhai Registry to do the needful. ORDERS IN FIRST APPEAL NOS. 250, 251, 252 & 253 OF 2004. 1. Present appeals are filed by Oil and Natural Gas Corporation (hereinafter referred to as "O.N.G.C.") under Section 54 of Land Acquisition Act challenging the judgment and award dated 1.10.2003 passed by learned 2nd Joint Civil Judge (SD), Bharuch (hereinafter referred to as the "trial Court") in Land Acquisition Reference Case Nos. 748 of 1987 and 735 of 1987 to 737 of 1987 whereby the trial Court has partly allowed the reference application filed by original claimants and awarded amount of Rs.400/- per Ara along with interest @ 9% for C/FA/250/2004 JUDGMENT DATED: 13/06/2025 the first year and for subsequent period @ 15% per annum in favour of original claimants. The trial Court also ordered that the original claimants are entitled to recover the amount of solatium @ 30% on the enhanced amount and also entitled to get 12% per annum as additional market value from the date of notification under Section 4 of the Act. 2. The short facts giving rise to present appeals are that the claimants are the owners of the lands situated in the sim of village Valner, Taluka Hansot, District Bharuch. The O.N.G.C, Ankleshwar Project had acquired their agricultural lands for the purpose of Motwan- W Wall, by issuing notification dated 23.07.1987 in case No.62/1986. While in case of 28/88 the notification dated 19.09.86 u/s. 4 of the Act and final notification under Section 6 of the Act was published on 01.04.1987. 2.1 The claimants were served with notice under Section 9 of the Act to remain present for hearing. After hearing the parties, the Land Acquisition Officer by his award C/FA/250/2004 JUDGMENT DATED: 13/06/2025 dated 29.09.87 fixed the value of the land at the rate of Rs. 125/- per Are in case No. 62/1986 while Rs. 60/- per Are in Case No. 28/1986 and awarded compensation accordingly with additional amount, as per Sec. 23(1)(A) and solatium as per Sec. 23(2) of the Act. 2.3 Being aggrieved and dissatisfied by the said judgment and award, the claimants had filed objection before the Collector and upon the request made by them, the Collector has referred the case to trial court u/s. 18 of the Act. 2.4 The trial court after evaluating the evidence placed on record and after hearing both the parties has passed impugned judgment and award dated 01.10.2003 in Land Acquisition Reference Case Nos. 748 of 1987 and 735 of 1987 to 737 of 1987 and fixed the price of the land as Rs.400/- per Are. 2.5 Being aggrieved and dissatisfied with the impugned judgment and award passed by the trial Court the original respondent No.2 has filed present appeals. C/FA/250/2004 JUDGMENT DATED: 13/06/2025 3. Heard Ms. Niyati Chauhan learned counsel appearing for Mr. Meena, learned counsel for the appellant, Mr. Arshad Shaikh, learned counsel and Mr. Manan Pandya, learned counsel for Mr. S.P. Majmudar, learned counsel for respondent No.1 and Ms. Roshni Patel, learned counsel for respondent No.2. 4. Ms. Chauhan, learned counsel for the appellant has submitted that the trial Court has wrongly considered the material and documentary evidence produced before it and passed the impugned judgment and award whereby the trial Court has awarded Rs.400/- per Are., which is on very higher side and the same is required to be reduced. She has also submitted that the amount awarded by Special Land Acquisition Officer is completely erroneous, illegal and unjust. 4.1 In view of the above submission, Ms. Chauhan, learned counsel for the appellant urges before the Court that present appeals may be allowed and impugned judgment and award passed by the trial Court may be C/FA/250/2004 JUDGMENT DATED: 13/06/2025 quashed and set aside. 5. As against that learned counsel for the respondent has relied upon and referred to judgment dated 9.6.2015 of this Court in First Appeal Nos. 4690 of 2008 with First Appeal No.4692 of 2008 whereby this Court has decided the issue pertaining to village Rohid, Taluka Hansot, District Bharuch which is adjacent to village Valner. He has submitted that the revenue boundaries of the said two villages are also common. Therefore, under such circumstances, learned counsel appearing for the respondent urges that present appeals may be dismissed and the impugned judgment and award passed by the trial Court may be confirmed. 6. I have perused the material and the documents available on record as well the record and proceedings. I have also gone through the impugned judgment and award passed by the trial Court. 7. The map produced by learned counsel for the respondent is taken on record. From the said map C/FA/250/2004 JUDGMENT DATED: 13/06/2025 produced by learned counsel for the respondent, it transpires that the land situated in present case at village Valner, Taluka Hansot, District Bharuch is very adjacent to the land situated at village Rohid, Taluka Hansot, District Bharuch and this Court has already decided the said issue by judgment and order dated 9.6.2015 passed in First Appeal Nos. 4690 of 2008 with First Appeal No.4692 of 2008. 8. Therefore, the issue involved in present appeal is squarely covered by the decision of this Court dated 9.6.2015 passed in First Appeal Nos. 4690 of 2008 with First Appeal No.4692 of 2008 whereby this Court has decided the issue with regard to land situated at Rohid, Taluka Hansot, District Bharuch which is adjacent to present village Valner. 9. In view of the above, this Court is of the opinion that there is no need to interfere in the impugned judgment and order passed by the trial Court and hence, present appeals are devoid of any merits and the same is required C/FA/250/2004 JUDGMENT DATED: 13/06/2025 to be dismissed. 10. Accordingly present appeals are hereby dismissed. 11. The original claimants are entitled to get an amount of Rs.400/- per Are as awarded by trial Court including the amount awarded Special Land Acquisition Officer. The amount, if any, deposited and lying before the trial Court, the same shall be disbursed in favour of the original claimants after verifying their bank details by A/c payee cheque or R.T.G.S., and after following due procedure. 12. The record and proceedings, if any, be sent back to the concerned trial 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 18/06/2025 17:56:56