IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4569 of 2025 With R/FIRST APPEAL NO. 3900 of 2024 With R/FIRST APPEAL NO. 3901 of 2024 With R/FIRST APPEAL NO. 3902 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No ✔

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RAVAL KASHIBEN RANCHHODBHAI & ORS.

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR MANISH S SHAH(5859) for the Appellant(s) No.

1,2,2.1,2.2,3,3.1,3.2,3.3,3.4,4,4.1,4.2 PARTH PATEL, AGP for the Defendant(s) No. 1 RULE NOT RECD BACK for the Defendant(s) No. 2 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 11/02/2026 COMMON ORAL JUDGMENT

1. The present appeals are filed challenging the judgment and award passed by the learned Reference Court dated 03.09.2021 in LAR No.24 of 2018, whereby the learned Reference Court has awarded the total amount of compensation at the rate of Rs.237.13/- per sq. mtr.

2. The fact of the case is that the land was acquired for the purpose of an irrigation scheme on the basis of a proposal made by the Deputy Collector, Himatnagar for Village - Fatehpur, Taluka - Bayad, District – Sabarkantha at present Aravalli. The Section 4 notification was published in the Official Gazette on 13.03.2006, as well as the Section 6 notification was published on 19.08.2006. Learned Special Land Acquisition Officer has passed an order on 20.12.2006 granting the compensation for the Jirayat land at the rate of Rs.7/- per sq. mtr.

3. Being aggrieved by the aforesaid compensation, a reference was filed under Section 18 claiming the enhanced compensation at the rate of Rs.250/- per sq. mtr., the learned Reference Court, at the end, has awarded the additional compensation of Rs.230.13/- per sq. mtr., which is the subject matter of challenge before this Court by the claimant in the present appeal.

4. Heard learned advocates for the respective parties.

5. At the outset, both learned advocates submitted that for the same village, this Court has passed judgment in First Appeal No.295 of 2020, whereby this Court has determined the market value at the rate of Rs.308.25/- per sq. mtr. It is submitted by the learned advocate Mr. Shah that in First Appeal No.295 of 2020, the date of issuance of notification under Section 4 was 06.10.2004, whereas in the instant case, the notification is dated 11.03.2006. It is further submitted that appropriate escalation be granted. In the instant case, the issue is covered, no further orders are required to be passed.

6. Having considered the submissions made by the learned advocates for the parties, this Court has referred to the decision rendered in First Appeal No.295 of 2020 dated 12.11.2025, wherein this Court has observed as under:

“3. Having considered the submissions advanced by learned advocates for the respective parties and on referring the reasons assigned by learned Reference Court, it emerges that the acquisition proceedings pertaining to village Fatepura was initiated wherein, the notification under section 4 was issued on 06.10.2004 and notification under section 6 was issued on 25.03.2005. Learned Acquisition Officer has passed the award under section 11 of the Land Acquisition Act, granting compensation at the rate of Rs.6/- per sq.mtr. which was challenged by the learned Reference Court. While determining the market value of acquiring the land, Learned Court has relied on the Land Acquisition Case Nos.553 of 2010 to 572 of 2010, pertaining to village Radodra, Tal-Bayad which was also acquired for the same purpose i.e Sujalam-Sufalam project of spreading canal wherein, learned Land Acquisition Officer granted Rs.700/- per ARE for the irrigation land which was enhanced by the learned Reference Court at the rate of Rs.8,000/- per ARE. Another land Acquisition Case nos. 698 of 2010 to 702 of 20