High Court of Gujarat
THE STATE OF GUJARATversusPRAVINBHAI PRABHATBHAI PARMAR
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The appeals are dismissed as the State is estopped from contesting the earlier award and the issue is no longer res integra.
Summary
The State of Gujarat acquired land in Jepura village for a bypass road and paid Rs 6 per square metre as compensation. The claimants obtained an additional Rs 277 per square metre through a reference proceeding (Land Acquisition Reference Cases 651/2009‑659/2009). The State appealed the award under Section 54 of the Land Acquisition Act, 1894 and Section 96 of the CPC, arguing it was excessive. During the hearing, the State’s own letter showed it had accepted a later award in Reference Cases 513/2010‑515/2010 for land in Mandvi, creating an estoppel against challenging the earlier award. The Court held that the issue was no longer res integra and dismissed the State’s appeals, also disposing the related civil applications, while ordering the compensation to be paid to the claimants.
Issues considered
- Whether the State of Gujarat is estopped from challenging the award in Land Acquisition Reference Cases 651/2009‑659/2009 after having accepted the award in Reference Cases 513/2010‑515/2010.
- Whether the appeal under Section 54 of the Land Acquisition Act, 1894 and Section 96 of the CPC is maintainable in view of the estoppel.
Legislation cited
- Code of Civil Procedure, 1908s. 96
- Land Acquisition Act, 1894s. 18, s. 4, s. 54, s. 6
Subjects
Land acquisitionCompensationEstoppelSection 54CPC Section 96Appeal dismissedDelay condonation
Judgment
C/CA/842/2026 ORDER DATED: 24/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 842 of
2026
In R/FIRST APPEAL/1201/2026
With
R/FIRST APPEAL NO. 1201 of 2026
With
R/CIVIL APPLICATION NO. 844 of 2026
In
R/FIRST APPEAL NO. 1202 of 2026
With
R/FIRST APPEAL NO. 1202 of 2026
With
R/CIVIL APPLICATION NO. 845 of 2026
In
R/FIRST APPEAL NO. 1203 of 2026
With
R/FIRST APPEAL NO. 1203 of 2026
With
R/CIVIL APPLICATION NO. 847 of 2026
In
R/FIRST APPEAL NO. 1204 of 2026
With
R/FIRST APPEAL NO. 1204 of 2026
With
R/CIVIL APPLICATION NO. 849 of 2026
In
R/FIRST APPEAL NO. 1205 of 2026
With
R/FIRST APPEAL NO. 1205 of 2026
With
R/CIVIL APPLICATION NO. 851 of 2026
In
R/FIRST APPEAL NO. 1206 of 2026
With
R/FIRST APPEAL NO. 1206 of 2026
With
R/CIVIL APPLICATION NO. 852 of 2026
In
R/FIRST APPEAL NO. 1207 of 2026
With
R/FIRST APPEAL NO. 1207 of 2026
Page 1 of 5
C/CA/842/2026 ORDER DATED: 24/03/2026
With
R/CIVIL APPLICATION NO. 854 of 2026
In
R/FIRST APPEAL NO. 1208 of 2026
With
R/FIRST APPEAL NO. 1208 of 2026
With
R/CIVIL APPLICATION NO. 855 of 2026
In
R/FIRST APPEAL NO. 1209 of 2026
With
R/FIRST APPEAL NO. 1209 of 2026
==========================================================
THE STATE OF GUJARAT & ORS.
Versus
NAYAK GULABBHAI SHANABHAI
==========================================================
Appearance:
MS DHARITRI PANCHOLI, AGP for the Applicants in CA 842, 844, 845, 847,
849 all of 2026
MS HEMALI SONI, AGP for the Applicants in CA 851, 852, 854 and 855 ALL
OF 2026
MR VIDIT SHARMA for the Respondents - Claimants
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 24/03/2026
ORDER IN DELAY CONDONATION
Considering the averments made in the applications, the
same are allowed and delay caused in preferring main matters
stands condoned. Rule made absolute to the aforesaid extent.
ORDER IN FIRST APPEALS
1. Present appeals are 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
Page 2 of 5
C/CA/842/2026 ORDER DATED: 24/03/2026
Code”) by the State against the common judgment and award
dated 5.5.2018 passed by the learned Principal Senior Civil
Judge, Panchmahal @ Halol in Land Acquisition Reference
Case No.651/2009 to 659/2009, whereby, additional amount
of Rs.277/- per sq mtr for the acquired lands has been
awarded with other consequential bene4ts to the original
claimants.
2. The lands of the claimants situated at village Jepura, Tal:
Halol, Dist: Panchmahal came to be acquired by the State for
the purpose of construction of Chanpaner bypass road by
issuing noti4cations under sections 4 and 6 of the Act on
4.10.2007 and 20.5.2008 respectively. The Special Land
Acquisition O9icer vide his award dated 7.8.2008 awarded
Rs.6/- per sq mtr as compensation for the acquired lands. The
claimants preferred reference under section 18 of the Act
before the Court of learned Principal Senior Civil Judge,
Panchmahal @ Halol, who by impugned common judgment
and award, partly allowed the reference of the original
claimants and granted additional amount of compensation of
Rs. 277/- per sq.mtr over and above the compensation
awarded by the Special Land Acquisition O9icer. Feeling
aggrieved by the award, the State has preferred the present
appeals.
3. On perusal of the impugned award, more particularly,
para 24 thereof, it appears that the learned Reference Court
relied upon the judgment of Land Acquisition Reference Case
No.513/2010, wherein, the learned Reference Court has 4xed
Page 3 of 5
C/CA/842/2026 ORDER DATED: 24/03/2026
the market value of the acquired land of village Mandvi, Tal:
Halol at Rs.312/-per sq mtr + Rs.6/- per sq mtr as per the
award passed by the Special Land Acquisition O9icer.
4. During the course of hearing, learned advocate Mr.Vidit
Sharma placed on record letter dated 4.6.2025 addressed to
the learned advocate Mr. Virendrasinh Chauhan, practising
advocate at Vadodara by the Deputy Executive Engineer, R &
B Department, Halol, which is ordered to be taken on record,
wherein it is intimated that the State has accepted the award
passed in Land Reference Case Nos.513/2010 to 515/2010 for
the land situated in village Mandvi, Tal: Halol. Meaning
thereby, the award passed in Land Reference Case
No.513/2010 has become 4nal between the parties and
therefore, no reason remains with the State to ventilate a
grievance against the impugned common judgment and award
passed in Land Acquisition Reference Case No.651/2009 to
659/2009 on the principle of estoppel.
5. 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 4rst appeals deserve to be
dismissed and are accordingly dismissed.
6. In view of dismissal of both the 4rst appeals, civil
applications, if any, do not survive and the same stand
disposed of accordingly.
Page 4 of 5
C/CA/842/2026 ORDER DATED: 24/03/2026
7. Registry to maintain copy of this order in each matter.
8. Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
9. 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
veri4cation and identi4cation along with interest and after
verifying their right to claim the compensation.
(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 24/03/2026 16:55:36
Page 5 of 5
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