DAHYABHAI LAKHMANBHAI KUBERBHAIversusSPL. LAQ OFFICER

     C/FA/190/2009                                ORDER DATED: 04/05/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 190 of 2009
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                     DAHYABHAI LAKHMANBHAI KUBERBHAI
                                   Versus
                          SPL. LAQ OFFICER & ANR.
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Appearance:
MR SP MAJMUDAR(3456) for the Appellant(s) No. 1
MS HEMALI SONI, AGP for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 04/05/2026

                                  ORDER


1.    Common judgment passed in group of Land Reference
Cases starting from LAR Case No.42 of 1998 are challenged
in First Appeal No.177 of 2009 and allied matters. Present
appeal arise from judgment and award passed in Land
Reference Case No.40 of 1998. It is part of group of matters.


2.    Heard learned advocate Mr.Manan Pandya for the
appellant      and      learned   AGP       Ms.Hemali    Soni       for     the
respondent- State.


3.    Learned advocate Mr.Pandya for the appellant places on
record judgment dated 03.10.2025 passed by Co-ordinate
Bench in First Appeal Nos.177 of 2009 and allied matters.
Para 5,6,7, 8 and 9 of the said judgment passed by Co-
ordinate Bench in First Appeal No.177 of 2009 and allied
matters reads as under :-



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C/FA/190/2009                        ORDER DATED: 04/05/2026




“5. Heard Mr. Y.H. Motiramani, learned counsel
appearing for the appellants, Ms. Roshni Patel, learned
Assistant Government Pleader, appearing for respondent
No.1 and Mr. Nilay H. Patel, learned counsel appearing
for the respondent No.2 – Saurashtra Branch Canal
Department, Botad.

6. Learned counsel Mr. Motiramani has submitted that
the impugned judgment and award passed by the
Reference Court is contrary to law and evidence on
record. He has submitted that the Reference Court has
failed to appreciate the fact that the land in question was
a fruitful land and tremendous loss is caused to the
appellants by its acquisition by the State Government.
He has submitted that the appellants were earning their
livelihood in the land in question and, therefore, the
amount arrived at by the Reference Court is very meager
and small amount. He has submitted that the appellants
were harvesting number of crops during one year from
the land in question, however, this aspect was not
considered by the Reference Court while passing the
impugned judgment and award. He has submitted that
the Reference Court has not considered various revenue
records like Form 7/12 etc. for consideration of the
fruitfulness of the land in question and the deposition
given by various witnesses in its true and proper
perspective while passing the impugned judgment and
award and awarded only Rs.13/- per square meter,
which is unjust and inadequate. He has submitted that
the Reference Court has not considered the market
value of the land in question and the similar sale
instances in its proper perspective while passing the
impugned judgment and award. He has submitted that
the Reference Court ought to have awarded at least
Rs.50/- per square meter considering the evidence on
record. Over and above the grounds agitated in the
memo of appeal, learned counsel Mr. Motiramani has
urged that in view of the aforesaid facts, the impugned
judgment and award be appropriately modified and the
appeals be allowed to that extent.

7. Per contra, learned AGP Ms. Roshini Patel and
learned counsel Mr. Nilay Patel, appearing for the


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C/FA/190/2009                       ORDER DATED: 04/05/2026




respective respondents, have strongly objected the
present appeals and submitted that the Reference Court,
after considering the oral as well as the documentary
evidence and after considering the material produced
before it, has rightly passed the impugned judgment and
award and there is no any illegality or any irregularity
committed by the Reference Court while passing the
impugned judgment and award. However, they have
fairly submitted before this Court that the award passed
by the Reference Court in LAR Case Nos.7 of 1999 to 20
of 1999 pertaining to same village Lathidad, Ta. Botad,
Dist. Bhavnagar, wherein an amount of Rs.47/- per
square meter has been awarded, has been accepted by
the respondents and the same is not challenged further
and the same has attained finality. It is submitted that
therefore, similar amount of compensation, as awarded
in aforesaid LAR cases, is required to be awarded in the
present case and the learned counsels have urged that
appropriate orders may be passed.

8. I have heard the learned counsel appearing for the
respective parties and perused the material placed on
record. I have also gone through the impugned judgment
and award passed by the Reference Court. On perusal of
the award dated 29.09.2018 passed by the Reference
Court in LAR Case Nos.7 of 1999 to 20 of 1999
pertaining to same village Lathidad, Ta. Botad, Dist.
Bhavnagar, it appears that the lands in the said cases
were acquired for the same purpose by issuing
notification under Section 4 on 12.06.1995, whereas, in
the present case, notification under Section 4 was issued
on 17.04.1995, so there was a gap of only 2 months in
issuance of both the notifications. Considering all these
aspects, this Court is of the opinion that the appeals
require consideration and the impugned judgment and
award deserves to be modified to the extent that the
appellants are entitled to an amount of Rs.47/- per
square meter taking into consideration the award dated
29.09.2018 passed in LAR Case Nos.7 of 1999 to 20 of
1999.

9. Resultantly, following final order is passed:- All the
first appeals are hereby allowed. The appellants –


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      C/FA/190/2009                                   ORDER DATED: 04/05/2026




      claimants of these appeals shall be entitled to get
      Rs.30.50ps. per square meter in addition to the amount
      of Rs.3.50ps. (1.40 + 2.10) per square meter awarded by
      the Special Land Acquisition Officer and Rs.13/- per
      square meter awarded by the Reference Court,
      Bhavnagar, the total amount comes to Rs.47/- per square
      meter. The respondents shall deposit additional amount
      of compensation with statutory benefits before the
      Reference Court within a period of eight weeks from the
      date of receipt of the order. On deposit of the amount,
      the same shall be disbursed in favour of each claimant,
      through RTGS / NEFT and the bank account details shall
      be furnished by the counsel for the claimants to the
      Registry of the Reference Court, Bhavnagar. Other
      observations of the Reference Court for statutory
      benefits provided under the Act shall remain intact.
      Decree be drawn accordingly. Record and proceedings
      be sent back to the concerned Reference Court
      forthwith.”



4.    Borrowing aforesaid findings and applying to the facts of
present case, the appeal is allowed in terms of aforesaid
judgment. The appellant – claimant is entitled to get
Rs.30.50ps. per square meter in addition to the amount of
Rs.3.50ps. (1.40 + 2.10) per square meter awarded by the
Special Land Acquisition Officer and Rs.13/- per square meter
awarded by the Reference Court, Bhavnagar. The appellant –
claimant is therefore, entitled to get total amount of Rs.47/-
per square meter. The respondents shall deposit additional
amount of compensation with statutory benefits before the
Reference Court within a period of twelve weeks from the
date of receipt of the order. It is clarified that appellants are
not   entitled        to   the   interest     on   additional      amount       of
compensation awarded by this Court for delayed period, if
any. On deposit of the amount, the same shall be disbursed in


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         C/FA/190/2009                                                            ORDER DATED: 04/05/2026




favour          of      claimant,             through            RTGS           /     NEFT           after        due
verification and identification and after verifying their right to
claim compensation.                         Decree be drawn accordingly. Record
and proceedings be sent back to the concerned Reference
Court forthwith.



                                                                                          (J. C. DOSHI,J)
SATISH




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 04/05/2026 16:24:36




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