High Court of Gujarat
STATE OF GUJARATversusPATEL DEVKARANBHAI GALBABHAI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The appeal under Section 54 of the Land Acquisition Act is dismissed as without merit.
Summary
The State of Gujarat filed an appeal under Section 54 of the Land Acquisition Act challenging the award of Rs.1910 per square metre in LAR Case No.112 of 2017. The State argued that the compensation was excessive, relying on a prior decision that reduced compensation by 20% for a comparable village (Gajan). The High Court, referencing the coordinate bench’s earlier dismissal of similar appeals and the affirmed reduction in the Gajan case, held that the present appeal lacked merit. Consequently, the appeal was dismissed. In ancillary applications, the Court condoned delay in filing a petition to bring legal heirs and allowed the heir of the deceased respondent to be joined as a party, ordering necessary amendments.
Issues considered
- The maintainability and merit of the appeal under Section 54 of the Land Acquisition Act challenging the compensation award.
- Whether the compensation should be reduced by 20% based on the award for the comparable village Gajan.
- Whether the delay in filing the application for bringing legal heirs should be condoned.
- Whether the heir of the deceased respondent can be joined as a party to the original civil application.
Legislation cited
- Land Acquisition Acts. 54
Subjects
Land acquisitionCompensation assessmentSection 54 appealDelay condonationLegal heirsComparative valuationJudicial dismissal
Judgment
C/CA/2964/2025 ORDER DATED: 02/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2964 of
2025
In R/FIRST APPEAL/1343/2026
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
In R/CIVIL APPLICATION NO. 2964 of 2025
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2026
In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
In R/CIVIL APPLICATION NO. 2964 of 2025
With
R/FIRST APPEAL NO. 1343 of 2026
==========================================================
STATE OF GUJARAT & ANR.
Versus
PATEL DEVKARANBHAI GALBABHAI
==========================================================
Appearance:
MS DHARITRI PANCHOLI AGP for the Applicant(s) No. 1,2
UNSERVED EXPIRED (R) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 02/04/2026
ORDER
ORDER IN CIVIL APPLICATION (CONDONATION OF
DELAY) NO.2 OF 2026 IN CIVIL APPLICATION (FOR
BRINGING LEGAL HEIRS) NO.1 OF 2026 IN CIVIL
APPLICATION (CONDONATION OF DELAY) NO.2964 OF
2025 IN FIRST APPEAL NO. 1343 OF 2026 :-
Considering the averments made in the application, the
same is allowed and delay caused in preferring an application
for bringing legal heirs stands condoned. The present
application is disposed of accordingly.
Page 1 of 4
C/CA/2964/2025 ORDER DATED: 02/04/2026
ORDER IN CIVIL APPLICATION (FOR BRINGING LEGAL
HEIRS) NO.1 OF 2026 IN CIVIL APPLICATION
(CONDONATION OF DELAY) NO.2964 OF 2025 IN FIRST
APPEAL NO. 1343 OF 2026 :-
Having heard learned advocate Mr.Jani and learned
Assistant Government Pleader Ms.Dharitri Pancholi for the
State authorities so also the contents of the application and
copy of the death certificate of deceased Patel Devakranbhai –
sole respondent in Civil Application No.2964 of 2025, who has
expired on 26.03.2022, the present application is allowed.
Heir of the deceased Patel Devakranbhai is permitted to be
joined as party respondent in Civil Application No.2964 of
2025 so also in appeal. Necessary amendment to be carried
out forthwith. The present application is disposed of
accordingly.
ORDER IN CIVIL APPLICATION (CONDONATION OF
DELAY) NO.2964 OF 2025 IN FIRST APPEAL NO. 1343 OF
2026 :-
Considering the averments made in the application, the
same is allowed and delay caused in preferring main matter
stands condoned. The present application is disposed of
accordingly.
ORDER IN FIRST APPEAL NO. 1343 OF 2026 :-
Admit. Learned advocate Mr. Vishrut R. Jani waives the
service of notice of admission on behalf of respondent No.1.
Page 2 of 4
C/CA/2964/2025 ORDER DATED: 02/04/2026
1. This is an appeal under Section 54 of the Land Acquisition
Act challenging the judgment and award passed in LAR Case
No.112 of 2017, by which the Principal Senior Civil Judge,
Modasa, District: Aravalli in a group of matters i.e. LAR
No.110 of 2017 to 113 of 2017, led by LAR Case No.112 of
2017.
2. The State Government feeling aggrieved by the grant of the
compensation of Rs.1910/- per sq. mtr. for the acquisition filed
this appeal.
3. Having heard learned AGP Ms. Dharitri Pancholi for the
appellant and learned advocate Mr. Vishrut R. Jani for the
respondent No.1 and considering the order passed by the
coordinate Bench in First Appeal No.2311 of 2023, which is in
regards to the judgment in LAR Nos.100 to 102 of 2017 and
114 to 122 of 2017 of the same village and whereby the
amount of compensation was assessed higher than the amount
of compensation assessed in the present matter.
4. The coordinate Bench was pleased to dismiss the appeal
holding as under:-
“9. The learned Reference Court has also relied on
award for village Gajan which is at distance of 4.37 kms
and therefore has rightly reduced compensation by 20%
from the award made for village Gajan in LAR No. 123
to 150 of 2017 which was confirmed in First Appeal No.
2210 of 2022 by the Division Bench of this Court
[Coram: Hon’ble Ms. Justice Sonia Gokani and Hon’ble
Ms. Justice Nisha M. Thakore] vide judgement dated
11.11.2022 in case of State of Gujarat vs. Heirs of Patel
Bhanubhai Shamalbhai Patel.
Page 3 of 4
C/CA/2964/2025 ORDER DATED: 02/04/2026
10. In view of the above, more particularly, since it
appears that land situated at Village Gajan, were
acquired for the very same purpose and whereas, since
it also appears that the same was taken as comparable
instance, more particularly, the present land may be
having more potentiality than village Gajan and also
having regard to the fact that the appeals against
judgments of the land reference Court as regards to
village Gajan have been rejected by the Division Bench
of this Court, therefore, in the considered opinion of
this Court, no case for admission of the present appeals
are made out.”
5. In view of above, while applying the very same reasons to
the present matter, this appeal sans merit and it is
accordingly dismissed.
6. Registry is directed to return back the R & P, if any, to the
concerned Court forthwith.
7. The learned Reference Court is directed to disburse the
amount of compensation deposited by the State Government
after deducting Court fee to the claimants along with interest
and after due verification and identification and after verifying
their right to claim the compensation.
(J. C. DOSHI,J)
MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 08/04/2026 11:23:49
Page 4 of 4
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