ADDITIONAL SPECIAL LAND ACQUISITION OFFICERversusLEGAL HEIRS OF DECEASED SOMABHAI BUDHABHAI BHIL

      C/FA/3813/2012                               JUDGMENT DATED: 30/06/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 3813 of 2012
                                    With
                       R/FIRST APPEAL NO. 3815 of 2012
                                    With
                       R/FIRST APPEAL NO. 3821 of 2012


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE ILESH J. VORA

and

HONOURABLE MR. JUSTICE R. T. VACHHANI
==========================================================

             Approved for Reporting                Yes          No

==========================================================
         ADDITIONAL SPECIAL LAND ACQUISITION OFFICER & ORS.
                               Versus
                     FULSINH CHHAGANBHAI BHIL
==========================================================
Appearance:
MR BHAVESH DESAI AGP for the Appellants No. 1,2,3
MR VIJAY N RAVAL(2025) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI

                               Date : 30/06/2026

                         COMMON ORAL JUDGMENT

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


1.     As all the appeals arise from the common judgment and award of
       the Reference Court, Panchmahal at Godhra, they are being
       considered by this common judgment.




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       C/FA/3813/2012                               JUDGMENT DATED: 30/06/2026




2.      These three appeals is directed against the common judgment and
        award dated 05.02.2011, whereby, while partly allowing the
        Reference of the original claimants, the Land Reference Court, has
        observed that, the claimants are entitled to get an amount of
        Rs.300/- per sq.mt for the acquired lands as an additional
        compensation over and above, the compensation awarded by the
        Special Land Acquisition Officer.


3.      Being aggrieved by and dissatisfied with the judgment and award of
        the Land Reference Court, the Additional Special Land Acquisition
        Officer, Panchmahal with the other concerned office, have preferred
        present appeals under Section 54 of the Land Acquisition Act, 1894
        read with Section 96 of the Code of Civil Procedure.


4.      Facts relevant for deciding the appeals are as follow:


(i)     The land in question acquired for the purpose of Kali Kuva
        Irrigation Pond Canal Work by issuing notifications under Sections
        4 and 6 of the Land Acquisition Act;


(ii)    After affording opportunity of being heard, the Special Land
        Acquisition Officer, Panchmahal declared his Award under Section
        11 of the Land Acquisition Act on 18.03.2008, whereby, three
        claimants were awarded Rs.69,000/- per hactor for the acquired
        lands.


(iii) Against the aforesaid award dated 18.03.2008, the original
        claimants – respondents herein preferred Reference under Section


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      C/FA/3813/2012                                 JUDGMENT DATED: 30/06/2026




       18 of the Land Acquisition Act, being Land Acquisition Reference
       Nos. 556 of 2008, 558 of 2008 and 564 of 2008 before the Court of
       learned Senior Civil Judge Panchmahal at Godhra, which came to
       be consolidated and heard together.


(iv) That the learned Principal Civil Judge, by judgment and award
       dated 05.02.2011 was pleased to partly allowed the Reference of the
       original claimants – respondents and granted compensation to the
       tune of Rs.300/- per sq.mt of the acquired land.


(v)     The necessary details of the Reference Cases are as follows:
        (a)      - Appeal No. 3813 of 2012 (LAR No. 556 of 2008)
                 - Claimant : Fulsing Bhil, resident of village: Aangadia, Tal.:
                 Godhra
                 - Land Survey No. 225/Paiki, admeasuring 22 sq.mt was
                 acquired.
        (b)      - Appeal No. 3815 of 2012 (LAR No. 558 of 2008)
                 - Claimant : Mansukh Tersing Bhil, resident of village:
                 Aangadia, Tal.:    Godhra
                 - Land Survey No. 267, 266/Paiki, admeasuring 20 sq.mt
                 was acquired.
        (c)      - Appeal No. 3821 of 2012 (LAR No. 564 of 2008)
                 - Claimant : LR of deceased Somabhai Buddhabhai Bhil,
                 resident of village: Aangadia, Tal.: Godhra
                 - Land Survey No. 237/264, admeasuring 21 sq.mt was
                 acquired.




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      C/FA/3813/2012                                  JUDGMENT DATED: 30/06/2026




5.      We have heard learned counsel Mr. Bhavesh Desai, learned AGP
        and Mr. Vijay N. Raval, learned counsel appearing for and on
        behalf of the respondents claimants.


6.      Mr. Desai, learned AGP while assailing the impugned judgment
        and award, made following submissions :
(a)     That the judgment and award is contrary to law and evidence on
        record.


(b)     That, admittedly claimants have not submitted their objections, as
        required under Section 9 of the Act.


(c)     That the claimants have not produced sufficient material and
        evidence for enhancement of the amount of compensation.


(d)     That the findings for additional compensation are contrary to the
        guidelines     for   considering    the    case   of   enhancement         of
        compensation.


(e)     That there is no evidence to prove the fertility of the land as well as
        irrigation facilities.


(f)     That, the Special Land Acquisition Officer has rightly fixed the
        amount, after taking into consideration the 5 years sale instances of
        the nearby areas, locations, potentiality etc.


(g)     That the Reference Court has not assigned cogent reasons for
        arriving at the conclusion with respect to the compensation.


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(h)     That the acquired land is agricultural land and is under undeveloped
        area.


                  In such circumstances referred to above, the learned AGP
        urged that, the Special Land Acquisition Officer has rightly
        awarded Rs.69,000/- per hactor and thus, by allowing the appeal,
        the judgment and award passed by the Land Reference Court be
        modified to that extent.


7.      On the other hand Mr. Vijay Raval, learned counsel appearing for
        the respondents has stated that, the market value of the adjacent
        lands, which were acquired, having been finally accepted by the
        Government and therefore, while determining the market value, the
        Land Reference Court has not committed any error and thus, the
        Appeals may not be entertained.


8.      On the market value of the adjacent land acquired, the learned AGP
        relying on the approved map, submits that, the having regard to the
        distance between the village: Vavdi Buzarg and village: Aangadia,
        it cannot be taken as a comparable distance.


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

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       C/FA/3813/2012                                                            JUDGMENT DATED: 30/06/2026




          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.


10. For the reasons recorded, we do not find any merits in the present
          appeals. Accordingly, the appeals stand dismissed. No order as to
          costs. Registry is directed to send back the R&P to the court
          concerned. The issue regarding apportionment of compensation, if
          any, be carried out by the Reference Court. Registry is directed to
          keep copy of the order in each matter.



                                                                                            (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 02/07/2026 16:22:06




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