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NEUTRAL CITATION

C/FA/4900/2023 JUDGMENT DATED: 19/12/2025

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 4900 of 2023

With

R/CROSS OBJECTION NO. 192 of 2025

In

R/FIRST APPEAL NO. 4900 of 2023

With

R/FIRST APPEAL NO. 774 of 2019

With

R/CROSS OBJECTION NO. 61 of 2023

In

R/FIRST APPEAL NO. 774 of 2019

With

R/FIRST APPEAL NO. 775 of 2019

With

R/CROSS OBJECTION NO. 358 of 2023

In

R/FIRST APPEAL NO. 775 of 2019

With

R/FIRST APPEAL NO. 776 of 2019

With

R/CROSS OBJECTION NO. 359 of 2023

In

R/FIRST APPEAL NO. 776 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

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LAND ACQUISITION AND REHABILITATION OFFICER & ANR.

Versus

PATEL MEGHAJI PABAJI & ORS.

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Appearance:

MR SHIVAM DIXIT and MS POOJA CHAUDHARY, AGPs for the Appellant(s) No. 1,2

DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the

Defendant(s) No. 3.2

MR JINESH KAPADIA for MR MAHESH P PATEL(3381) for the Defendant(s) No. 1,2,4

MR N P CHAUDHARY(3980) for the Defendant(s) No. 1,2,4

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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

and

HONOURABLE MR.JUSTICE J. L. ODEDRA

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NEUTRAL CITATION

C/FA/4900/2023 JUDGMENT DATED: 19/12/2025

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Date : 19/12/2025

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.19 to 22 of 2005, whereby the Judge has partly

allowed the references.

2. The facts in brief are that the land of the original

claimants situated at Village: Gela, Taluka: Tharad, 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 03.11.2004 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

28.03.2005. The Land Acquisition Officer by the said award

determined the market value of the land acquired at Rs.2.70/- 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.339.30 per square mtr. over and above which has

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NEUTRAL CITATION

C/FA/4900/2023 JUDGMENT DATED: 19/12/2025

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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.4879

of 2018 and allied matters wherein a common oral judgment dated

28.04.2025 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 7, 8 and 11 of judgment and award dated

28.04.2025 in First Appeal No.4879 of 2018 and allied matters,

this Court has observed as under:-

“7. The captioned appeals and the cross objections

are against the impugned judgment dated 22.09.2017.

It