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2026 DAILYLAW 290 (GUJ)

PATEL NARSINHBHAI SHIVRAMDAS SINCE DECEASED THROUGH HIS HEIRS v. SPECIAL LAND ACQUISITION OFFICER

FA/1164/2026 · 2026-04-09

J C Doshi

body2026

Judgment text

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C/FA/1164/2026 ORDER DATED: 09/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1164 of 2026 ========================================================== PATEL NARSINHBHAI SHIVRAMDAS SINCE DECEASED THROUGH HIS HEIRS & ORS. Versus SPECIAL LAND ACQUISITION OFFICER & ANR. ========================================================== Appearance: MR AV PRAJAPATI(672) for the Appellant(s) No. 1,1.1,1.2,1.3,2,2.1,2.2,3,3.1,3.2,3.3,3.4 MR BHARAT VYAS, AGP for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 09/04/2026 ORDER 1. Heard learned advocates for the respective parties. 2. Present first appeal is directed against the common judgment and award dated 16.5.2008 passed by the learned 9th Addl. Senior Civil Judge, Mehsana in LAR Case Nos.1507 of 2003 to 1541 of 2003, whereby the learned Reference Court has granted additional compensation of Rs.160/- per sq mtr to the claimants along with other statutory benefits over and above the compensation already granted by the Special Land Acquisition Officer. 3. During the course of argument, learned advocate Mr. Prajapati for the claimants would submit that the issue raised in this appeal is squarely covered by the judgment of the Coordinate Bench of this Court passed in First Appeal No.4111 of 2024 and allied matters, whereby the Coordinate Bench of C/FA/1164/2026 ORDER DATED: 09/04/2026 this Court, enhanced the additional compensation from Rs.160/- per sq mtr to Rs.180/- per sq mtr. He would further submit that this is the matter, which is left out from the group. Upon such submission, he prays to allow these first appeal. 4. Learned AGP, under the facts and circumstances of the case, prays to pass necessary orders. 5. Considering the peculiar facts and circumstances of the case and since the issue is covered by the judgment of the Coordinate Bench of this Court passed in First Appeal No.4111 of 2024, whereby the Coordinate Bench of this Court, enhanced the additional compensation from Rs.160/- per sq mtr to Rs.180/- per sq mtr, present first appeal requires consideration. 6. Apt to note that this appeal is left out from the group and therefore, identical order in the present first appeal is also required to be passed and the first appeal is required to be allowed in terms of the aforestated judgment passed by the Coordinate Bench of this Court. 7. Resultantly, present first appeal is allowed. The respondents are directed to pay additional compensation at the rate of Rs.180/- per sq mtr with permissible statutory benefits after deducting Court fee, if any. Rest amounts be deposited within a period of 16 weeks from today. 8. It is clarified that the claimants would not be entitled for the interest for the delayed period, if any, as stated before this Court at the time of passing an order under the application for C/FA/1164/2026 ORDER DATED: 09/04/2026 condonation of delay. 9. Registry is directed to return back the R & P, if any, to the concerned Court forthwith. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 09/04/2026 15:54:34