ADDITIONAL SPECIAL LAND ACQUISITION OFFICERversusDECEASED NANUBHAI NARSINH RATHVA THRO HIS LEGAL HEIRS

       C/FA/3812/2012                               ORDER DATED: 04/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 3812 of 2012

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        ADDITIONAL SPECIAL LAND ACQUISITION OFFICER & ORS.
                              Versus
     DECEASED NANUBHAI NARSINH RATHVA THRO HIS LEGAL HEIRS &
                              ORS.
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Appearance:
MR BHAVESH DESAI AGP for the Appellants No. 1,2,3
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI

                                Date : 04/08/2026

                             ORAL ORDER
              (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.      This appeal is directed against the judgment and award passed in
        group of Land Acquisition Reference Cases (LAR No. 555 of 2008
        to 565 of 2008), decided by the Principal Senior Civil Judge,
        Panchmahal at Godhra. The Reference Court for the acquired land
        determined the market value at Rs.300/- per sq.mt as an additional
        compensation, over and above the compensation awarded by the
        Special Land Acquisition Officer. Being aggrieved by and
        dissatisfied with the judgment and award of the Reference Court
        dated 05.02.2011, the State through Additional Special Land
        Acquisition Officer, preferred present appeal under Section 54 of
        the Land Acquisition Act, 1894 read with Section 96 of the Code
        of Civil Procedure.


2.      Brief facts can be summarized as under:



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     C/FA/3812/2012                               ORDER DATED: 04/08/2026




               The land of the deceased Nanubhai Narsinh Rathwa was
      acquired for the purpose of Kalikua Irrigation Pond Canal work.
      The notification under Section 4 of the L.A. Act was issued on
      05.07.2007 followed by the Notification under Section 6 published
      on 29.09.2007. The Award under Section 11 determining the
      market value Rs.6.90/- per sq.mt was passed. The Reference under
      Section 18 by the land owner being made to the Land Reference
      Court. The Land Reference Court, vide its judgment and award
      dated 05.02.2011, awarded additional amount of compensation of
      Rs.300/- per sq.mt over and above the compensation awarded by
      the Special Land Acquisition Officer.


3.    We have heard learned AGP Mr. Bhavesh Desai for the appellant.
      Though served, none appeared for and on behalf of the
      respondents.


4.    Mr. Desai, learned AGP while placing reliance upon the group of
      Appeals (First Appeal No. 3813 of 2012 and allied matters)
      decided on 30.06.2026, fairly submitted that, the matter is squarely
      covered by the judgment of the Appellate Court and as the
      judgment and award in another group of appeal (First Appeal No.
      1637/1641 of 2012) came to be dismissed and the department has
      accepted the judgment of the Reference Court and no further
      appeal is filed challenging the judgment of the group of appeals.


5.    We may profitably refer para-9 of the judgment and order dated
      30.06.2026 passed in the group of Appeals (FA No.3813 of 2012)
      which reads as under:

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          C/FA/3812/2012                                                            ORDER DATED: 04/08/2026




                      9.     Having heard the learned advocates for the respective
                      parties and upon appreciating the evidence on record, it
                      appears that, the entire base of the fixation of market value
                      is the award passed in LAR No. 52 of 2003. Admittedly, in
                      the said Reference, for the purpose of construction of by-
                      pass road, the lands were acquired of the village: Vavdi
                      Buzarg, Tal.: Godhra, wherein, the additional compensation
                      of Rs.287/- per sq.mt. against the compensation of Rs.6.90/-
                      per sq.mt awarded by the Special Land Acquisition Officer,
                      Godhra. The Government has challenged the judgment and
                      award by preferring First Appeal before this Court and
                      accordingly, by upholding the judgment and award of the
                      Land Reference Court, the group of Appeals (First Appeal
                      Nos. 1637/1641 of 2012) came to be dismissed. The
                      communication dated 27.05.2025, tendered by learned
                      counsel Mr. Raval shows that the Government has accepted
                      the said judgment and award. In such circumstances, in our
                      view, the judgment pertaining to the acquired lands of the
                      adjacent village: Vavdi Buzarg can be taken as a
                      comparable instance and accordingly, we are fully agree
                      with the market value determined by the Land Reference
                      Court and no any error has been committed by the Land
                      Reference Court while taken into account the market value
                      of adjacent land.


6.         In such circumstances, in our opinion, no further reasons are
           required to be assigned as the matter is covered by the judgment
           and order of this Court, as referred above.


7.         Thus, we do not find any merits in the present appeal and same
           stands dismissed. No order as to costs.


                                                                                             (ILESH J. VORA,J)



                                                                                          (R. T. VACHHANI, J)
P.S. JOSHI

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 04/08/2026 16:34:02

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