IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4302 of 2024 With R/CROSS OBJECTION NO. 245 of 2025 In R/FIRST APPEAL NO. 4302 of 2024 With R/FIRST APPEAL NO. 3708 of 2019 With R/CROSS OBJECTION NO. 336 of 2023 In R/FIRST APPEAL NO. 3708 of 2019 With R/FIRST APPEAL NO. 3618 of 2019 With R/CROSS OBJECTION NO. 334 of 2023 In R/FIRST APPEAL NO. 3618 of 2019 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-

and HONOURABLE MR.JUSTICE J. L. ODEDRA Sd/-

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Approved for Reporting Yes No =======================================================================

LAND ACQUISITION AND REHABILITATION OFFICER & ANR.

Versus KANBI HARJI MAVAJI - DECEASED & ORS.

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Appearance:

MS POOJA CHAUDHARY and MS DHARITRI PANCHOLI, AGPs for the Appellant(s) No. 1,2 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Defendant(s) No. 1 MR JINESH KAPADIA for MR MAHESH P PATEL(3381) for the Defendant(s) No.

1.1,1.2,1.3,1.4 =======================================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 17/12/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. The present appeals and cross objections have been filed against the common judgment and award dated 29.09.2017 passed by Additional Senior Civil Judge, Deesa in Land Acquisition Reference Nos.101, 105 and 106 of 2010, whereby the Judge has partly allowed the references.

2. The facts in brief are that the land of the original claimants situated at Village : Lakhani, Taluka : Deesa, District : Banaskantha, came to be acquired for the public purpose of Spreading Canal of Sujalam Safalam. Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 30.06.2004 and declaration under Section 6 of the Act was made on 05.01.2005 and the same culminated into the award under Section 11(1) of the Act, which was made and declared by the Land Acquisition Officer on 04.04.2005. The Land Acquisition Officer by the said award determined the market value of the land acquired at Rs.8.50/- per sq.mtrs.

2.1 Being dissatisfied with the said award, the claimants filed applications for enhancement, and the Reference Court partly allowed the said matters and has awarded additional compensation at the rate of Rs.333.50 per square mtr. over and above which has already been awarded by the Acquisition Officer.

2.2 Being aggrieved by the same, the appellant - State has preferred these appeals and for enhancement of the claim, the original claimants have filed cross objection.

3. Learned AGP has submitted that a coordinate bench of this Court has already adjudicated upon the group of First Appeals and cross objections which are arising from the same village and the very same acquisition proceedings being, First Appeal No.669 of 2019 and allied matters wherein a CAV judgment dated

18.12.2023 has been passed by this Court.

4. Upon perusal of the record, the Court finds that the present appeals stand on an identical footing with the aforesaid group and nothing appears on record so as to take a different view. 5. In paras 14 to 18 of judgment and award dated 18.12.2023 in First Appeal No.669 of 2019 and allied matters, this Court has observed as under:

“14. We have considered the ratio laid down and the principle enunciated in the aforesaid decisions. It is found out that the principles governing determination of market value of lands acquired are well- settled and at the time of determination of the compensation, the Hon’ble Supreme Court issued certain directions as regard the methods of valuation to be considered i.e. (1) opinion of experts, (2) the prices paid within a reasonable time in bonafide transactions of purchase or sale of the lands acquired or of the lands adjacent to those acquired and possessing similar advantages and (3) a number of years' purchase of the actu