High Court of Gujarat
THE STATE OF GUJARATversusPATEL DHARMABHAI LAVJIBHAI SINCE DECD. THROUGH LHS
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The appeal under Section 54 is dismissed, with compensation for the non‑agricultural land fixed at Rs.2482 per square metre, and the condonation of delay does not survive the dismissal.
Summary
The State of Gujarat filed a first appeal under Section 54 of the Land Acquisition Act challenging the compensation award of Rs.1910 per square metre awarded for agricultural land in LAR Case No.112 of 2017. The appeal concerned non‑agricultural land, for which the court applied the settled principle of enhancing compensation by 30%, fixing the rate at Rs.2482 per square metre. The court considered a prior coordinate‑bench decision dismissing similar appeals and held that the present appeal lacked merit. It also granted condonation of delay in filing the main matter but ordered that the condonation order does not survive the dismissal of the appeal. Consequently, the appeal was dismissed and any pending civil application was disposed of.
Issues considered
- The court needed to decide whether the delay in filing the appeal could be condoned.
- Whether the appeal under Section 54 of the Land Acquisition Act challenging the compensation award was maintainable.
- Whether compensation for non‑agricultural land should be enhanced by 30% over the agricultural rate.
- The applicability of the earlier coordinate‑bench precedent to the present matter.
Legislation cited
- Land Acquisition Acts. 54
Subjects
Land AcquisitionCompensationNon‑agricultural landSection 54Condonation of delayAppeal dismissed
Judgment
C/CA/2970/2025 ORDER DATED: 27/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2970 of
2025
In R/FIRST APPEAL/1840/2026
With
R/FIRST APPEAL NO. 1840 of 2026
==========================================================
THE STATE OF GUJARAT & ANR.
Versus
PATEL DHARMABHAI LAVJIBHAI SINCE DECD. THROUGH LHS & ORS.
==========================================================
Appearance:
MS DHWANI TRIPATHI, AGP for the Applicant(s) No. 1,2
MS JEENAL JANI for MR KASHYAP R JANI(8287) for the Respondent(s) No.
1.2,1.3
RULE SERVED for the Respondent(s) No. 1.4,1.5
UNSERVED EXPIRED (R) for the Respondent(s) No. 1.1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 27/04/2026
ORDER IN APPLICATION FOR CONDONATION OF DELAY
Respondent No.1.1 has expired. However, since his
heirs are already on record, the appellants seek deletion of
name of respondent No.1.1. Permission granted. Necessary
amendment to be carried out accordingly in both the CA as
well as First Appeal.
Considering the averments made in the application, the
same is allowed and delay caused in preferring main matter
stands condoned. Rule made absolute to the aforesaid extent.
Page 1 of 4
C/CA/2970/2025 ORDER DATED: 27/04/2026
ORDER IN FIRST APPEAL
Heard learned AGP Ms. Dhwani Tripathi for the
appellants and learned advocate Ms. Jeenal Jani for learned
advocate Mr. Kashyap Jani for the respondent Nos.1.2 and
1.3.
At the outset, it is to be noted that appeal against the
group of the matters, one of the matters being subject matter
of this appeal has been disposed of by this Court on 2.4.2026
by condoning delay in First Appeal No.1343 of 2026 and allied
matters. This Court passed following order on 2.4.2026.
“Admit. Learned advocate Mr. Vishrut R. Jani
waives the service of notice of admission on
behalf of respondent No.1.
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
Page 2 of 4
C/CA/2970/2025 ORDER DATED: 27/04/2026
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.
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.
Page 3 of 4
C/CA/2970/2025 ORDER DATED: 27/04/2026
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.”
The above order was passed for agricultural land and
Rs.1910/- per sq mtr was fixed for the acquisition of the
agricultural land. Here in this case, it is non-agriculture land.
As per the settled principle, for compensation for NA land,
amount has to be fixed by enhancing it to 30%, which comes
to Rs.2482/- and granting of such compensation by the
learned Reference Court is confirmed.
In view of above, present First Appeal fails and stands
dismissed.
Consequently, CA, if any, does not survive and stands
disposed of accordingly.
R & P be called for from the concerned Court.
(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 27/04/2026 17:47:21
Page 4 of 4
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