IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K. VISHEN, MOOL CHAND TYAGI, JJ.
Joshi Bhalchandra Shankarlal & Ors. - Appellants
Versus
State Of Gujarat – Respondent
R/First Appeal No. 1083 of 2025 With R/First Appeal No. 1084 of 2025
Decided On : 20-06-2025
| Table of Content |
|---|
| 1. details on the appeals and prior judgments' implications. (Para 6) |
| 2. evidence presented by both claimants and defendant. (Para 7 , 8 , 9 , 10 , 13) |
| 3. court's evaluation of market value determination. (Para 14 , 15) |
| 4. expert committee valuations recognized as significant. (Para 16) |
| 5. proximity of prior valuations to current case. (Para 18 , 19 , 20) |
| 6. discrepancies between casual comparisons of land values. (Para 21 , 22) |
| 7. final determination of compensation rates. (Para 26) |
| 8. conclusion on appeal outcomes and orders. (Para 27 , 28) |
ORDER :
MOOL CHAND TYAGI, J.
1. The issue involved in these appeals is common and hence, both the appeals are being heard analogously and being disposed of by this common judgment.
2. Both the captioned appeals are arising out of the common judgment and award dated 31.12.2018 (hereinafter referred to as the “impugned judgment”) passed by the learned Principal Senior Civil Judge, Himmatnagar, District Sabarkantha in Land Acquisition Reference Case no. 2 of 2012 to Land Acquisition Reference Case no. 31 of 2012 whereby, the references under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “Act of 1894”), has been rejected and thus, the market value determined by the Land Acquisition Officer under section 11, came to be confirmed. Hence the captioned appeals by the claimants.
3. Mr.RK Mansuri, learned Advocate appearing for the appellants-original claimants and Ms.Foram Trivedi, learned Assistant Government Pleader have jointly submitted that the captioned appeals are arising out of the impugned judgment rendered in Land Acquisition Reference Case no.2 of 2012 to Land Acquisition Reference Case no. 31 of 2012 passed by the learned Principal Senior Civil Judge and the captioned appeals pertain to Land Acquisition Reference Case nos. 26 of 2012 and 30 of 2012. It is submitted that the Land Acquisition Reference Case no. 2 of 2012 was treated as the lead matter. It is jointly submitted that the First Appeals namely First Appeal Nos. 427 of 2022 to 431 of 2022 and First Appeal No. 4504 of 2022 to First Appeal No. 4511 of 2022, have been disposed of by this Court vide common oral judgment dated 11.02.2025; however, the captioned First Appeals were left out and would be governed by the said judgment. Mr.Mansuri, learned Advocate and Ms. Trivedi, learned Assistant Government Pleader requested this Court to dispose of the captioned appeals in terms of the above referred common oral judgment dated 11.02.2025.
4. Heard the learned Advocates appearing for the respective parties and perused the documents made available on record.
5. Pertinently, the captioned appeals are arising out of the impugned judgment and pertains to Land Acquisition Reference Case Nos. 30 of 2012 and 26 of 2012. It is also not in dispute that Land Acquisition Reference Case no.2 of 2012 was treated as the lead matter and all the references were disposed of by the common impugned judgment. The First Appeal Nos. 427 of 2022 to 431 of 2022 and First Appeal No. 4504 of 2022 to First Appeal No. 4511 of 2022 have been disposed of by this Court vide common oral judgment dated 11.02.2025 which reads thus:
“The issue involved in these appeals is common and hence, all the appeals are being heard analogously and being disposed of by this common judgment.
2. The captioned group is arising out of the judgment and award dated 31.12.2018 (hereinafter referred to as ‘the impugned judgment’) passed by the learned Principal Senior Civil Judge, Himmatnagar, district Sabarkantha in Land Acquisition Reference nos.2/2012 to 31/2012 whereby, the reference under section 18 of the Land Acquisition Act , 1894 (hereinafter referred to as the ‘Act of 1894’), has been rejected and thus, the market value determined by the Deputy Collector under section 11, came to be confirmed. Hence, the captioned appeals by the claimants.
3. Mr R. K. Mansuri learned advocate appearing for the claimants, while inviting the attention of this Court to th
Market value in land acquisition cases must reflect current assessments by expert committees rather than outdated valuations, ensuring fair compensation aligns with statutory requirements.
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Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
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