SPECIAL LAND ACQUISITION OFFICERversusBHIMSANGBHAI JIBHAI DHARMA

     C/FA/4901/2010                               ORDER DATED: 18/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 4901 of 2010

                                   With
                      R/CROSS OBJECTION NO. 34 of 2011
                                     In
                       R/FIRST APPEAL NO. 4901 of 2010
                                   With
                      R/CROSS OBJECTION NO. 39 of 2011
                                     In
                       R/FIRST APPEAL NO. 4907 of 2010
==========================================================
               SPECIAL LAND ACQUISITION OFFICER & ORS.
                               Versus
                 BHIMSANGBHAI JIBHAI DHARMA & ORS.
==========================================================
Appearance:
MS DHARITRI PANCHOLI, AGP for the Appellants
MR NR DESAI, ADVOCATE for MR P P MAJMUDAR(5284) & MR SP
MAJMUDAR(3456) for the Respondent No. 1,2
RULE SERVED for the Respondent No. 3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 18/06/2026


ORDER IN FA 4901 OF 2010 & CROSS OBJECTION 34 OF 2011


1.    Present appeal is preferred under section 54 of the Land
Acquisition Act, 1894 (for short “the Act”) read with section
96 of the Code of Civil Procedure, 1908 (for short “the Code”)
by the State against the common judgment and award dated
31.1.2009 passed by the learned Principal Senior Civil Judge,
Bharuch in Land Acquisition Reference Case No.670 of 1998,
whereby, additional amount of Rs.100/- per sq mtr for the
acquired lands has been awarded with other consequential
benefits to the original claimants.


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      C/FA/4901/2010                            ORDER DATED: 18/06/2026




2.     The lands of the claimants situated at village Osara, Tal:
& Dist: Bharuch came to be acquired by the State for the
purpose of Narmada Project by issuing notifications under
sections 4 and 6 of the Act.       The Special Land Acquisition
Officer vide his award u/s 11 of the Act, awarded Rs.2.60/- per
sq mtr for non-irrigated land and Rs.3.90/- per sq mtr as
compensation for the acquired lands. The claimants preferred
reference under section 18 of the Act before the Court of
learned Reference Court, Bharuch.            Since, there are more
than one claimants, Land Reference Case Nos.667/1998 to
675/1998, 697/1998 and 812/1998 have been registered. The
learned Reference Court, by impugned common judgment and
award, partly allowed the reference of the original claimants
and granted additional amount of compensation of Rs. 100/-
per sq.mtr over and above the compensation awarded by the
Special Land Acquisition Officer.          Feeling aggrieved by the
award, the State has preferred the present appeal.


2.1    The original claimants also filed cross objection for
enhancement of the compensation.


3.     Heard learned advocates for the respective parties.


4.     What could be noticeable that the learned Reference
Court while granting additional compensation of Rs.100/- per
sq mtr, relied upon the judgment of Land Acquisition
Reference Case No.561/1991 at Exh.72.




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     C/FA/4901/2010                                 ORDER DATED: 18/06/2026




5.      During the course of hearing, learned advocate Mr.NR
Desai placed on record judgment and of the Division Bench of
this Court rendered in First Appeal Nos.305 to 320 of 2005,
which is ordered to be taken on record, whereby, the Division
Bench of this Court confirmed the judgment and award passed
in Land Acquisition Reference Case No.561/1991.                     Meaning
thereby, the award passed in Land Reference Case No.
561/1991 has become final between the parties and therefore,
no reason remains with the State to ventilate a grievance
against the impugned common judgment and award on the
principle of estoppel.


6.      Thus, the issue remains no more res integra and hence,
no ground is made out to interfere with the impugned
common judgment and award of the learned Reference Court.
Under the circumstances, present first appeal as well as cross
objection deserve to be dismissed and are accordingly
dismissed.


7.      Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.


8.      The learned Reference Court is directed to disburse the
amount of compensation deposited by the State Government
after    deducting    Court   fee   to       the   claimants      after       due
verification and identification along with interest and after
verifying their right to claim the compensation.




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              C/FA/4901/2010                                                          ORDER DATED: 18/06/2026




     CROSS OBJECTION 39 OF 2011

               Perused the office note dated 17.6.2026. Registry is
     directed to reconstruct papers of Cross Objection No.39 of
     2011.


               Perusing the office note, it appears that main First
     Appeal No.4907 of 2010 has been disposed of as withdrawn in
     Lok        Adalat          vide         order         dated          14.3.2015.                   Under           the
     circumstances, present cross objection does not survive and
     stands disposed of accordingly.


               The learned Reference Court is directed to disburse the
     amount of compensation deposited by the State Government,
     if not disbursed so far, after deducting Court fee to the
     claimants after due verification and identification along with
     interest           and        after        verifying             their        right         to      claim         the
     compensation.


               Registry to maintain copy of this order in each matter.



                                                                                                      (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 18/06/2026 16:00:59




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