PATEL NARSINHBHAI SHIVRAMDAS SINCE DECEASED THROUGH HIS HEIRSversusSPECIAL LAND ACQUISITION OFFICER
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- C DOSHI
Holding
The appeal is allowed; the additional compensation is set at Rs.180 per square metre and no interest is payable.
Summary
The heirs of the deceased Patel Narsinhbhai appealed against a judgment of the 9th Additional Senior Civil Judge, Mehsana, which awarded them an additional compensation of Rs.160 per square metre for land acquired under the Land Acquisition Act. The appellants argued that a later coordinate‑bench decision of this Court in First Appeal No. 4111 of 2024 had enhanced the same compensation to Rs.180 per square metre, and that their appeal had been omitted from that group of cases. The Court held that the issue was squarely covered by the earlier coordinate‑bench judgment and that the present appeal, being left out of the group, required the same relief. Consequently, the appeal was allowed, directing the respondents to pay the enhanced compensation of Rs.180 per square metre, with statutory benefits, but no interest for the delay. The order also directed the deposit of the amount within 16 weeks.
Issues considered
- Whether the additional compensation for land acquisition should be enhanced from Rs.160 to Rs.180 per square metre in accordance with the coordinate‑bench precedent.
- Whether interest is payable on the delayed payment of compensation.
Subjects
Judgment
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
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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
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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
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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
Page 3 of 3
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