Modification of Judgment dtd. 19/12/2025 in R/FA/4900/2023

0.1987559098507099 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4900 of 2023 [On note for speaking to minutes of order dated 19/12/2025 in R/FA/4900/2023 ]

With R/FIRST APPEAL NO. 774 of 2019 With R/FIRST APPEAL NO. 775 of 2019 With R/FIRST APPEAL NO. 776 of 2019 With R/CROSS OBJECTION NO. 61 of 2023 In R/FIRST APPEAL NO. 774 of 2019 With R/CROSS OBJECTION NO. 358 of 2023 In R/FIRST APPEAL NO. 775 of 2019 With R/CROSS OBJECTION NO. 359 of 2023 In R/FIRST APPEAL NO. 776 of 2019 With R/CROSS OBJECTION NO. 192 of 2025 In R/FIRST APPEAL NO. 4900 of 2023 ================================================================

LAND ACQUISITION AND REHABILITATION OFFICER & ANR.

Versus PATEL MEGHAJI PABAJI & 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. 3.2 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 ===============================================================

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. The present Speaking to Minutes is filed for two reasons, which are mentioned in penultimate paras-1 and 2 of this Note for Speaking to Minutes. The Note for Speaking to Minutes is moved by learned advocate appearing for the claimants/cross objectors.

3. While agreeing with penultimate para-1 of Note for Speaking to Minutes for change in the compensation figure in para-7 of the judgment from Rs.116.70/-, which is required to be corrected as Rs.114/- is allowed and the word ‘interest’ is to follow as per provision of Section 28 of the Land Acquisition Act, 1894.

4. 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/4900/2023

0.1987559098507099 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 =======================================================================

LAND ACQUISITION AND REHABILITATION OFFICER & ANR.

Versus PATEL MEGHAJI PABAJI & ORS.

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

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

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE J. L. ODEDRA R/FA/4900/2023

0.1987559098507099 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 refer