Modification of Judgment dtd. 17/12/2025 in R/FA/4302/2024

0.33843429657029644 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4302 of 2024 [On note for speaking to minutes of order dated 17/12/2025 in R/FA/4302/2024 ]

With R/FIRST APPEAL NO. 3618 of 2019 With R/FIRST APPEAL NO. 3708 of 2019 With R/CROSS OBJECTION NO. 334 of 2023 In R/FIRST APPEAL NO. 3618 of 2019 With R/CROSS OBJECTION NO. 336 of 2023 In R/FIRST APPEAL NO. 3708 of 2019 With R/CROSS OBJECTION NO. 245 of 2025 In R/FIRST APPEAL NO. 4302 of 2024 ===============================================================

LAND ACQUISITION AND REHABILITATION OFFICER & ANR.

Versus KANBI HARJI MAVAJI - DECEASED & ORS.

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Appearance:

MR. SHIVAM DIXIT, AGP, for the Appellant(s) No. 1,2 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Defendant(s) No. 1 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 : 06/02/2026

ORAL ORDER

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

1. It is submitted that in earlier group of matters, officers have interpreted as such and had granted only interest at the rate of 12% as if the same is prescribed under Section 28 of the Land Acquisition Act, 1894.

2. While agreeing with the Note for Speaking to Minutes, the word ‘interest’ is to follow as per provision of Section 28 of the Land Acquisition Act, 1894 in para-6 of the judgment.

3. With the aforesaid, the Note for Speaking to Minutes stands disposed of. Fresh Writ be issued accordingly.

(A.Y. KOGJE, J)

(J. L. ODEDRA, J)

SIDDHARTH R/FA/4302/2024 0.33843429657029644 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.

=======================================================================

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)

R/FA/4302/2024 0.33843429657029644

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 Bei