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NEUTRAL CITATION

C/FA/2649/2021 JUDGMENT DATED: 04/02/2026

0.49281200627023236

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 2649 of 2021

With

R/FIRST APPEAL NO. 2650 of 2021

With

R/FIRST APPEAL NO. 2651 of 2021

With

R/FIRST APPEAL NO. 2653 of 2021

With

R/FIRST APPEAL NO. 1876 of 2022

FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER

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Approved for Reporting Yes No

✔

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STATE OF GUJARAT & ORS.

Versus

MAGANBHAI GEMABHAI PATEL

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Appearance:

PARTH PATEL AGP for the Appellant(s) No. 1,2,3 (FIRST APPEAL

NOS.2650, 2651 OF 2021 AND 1876 OF 2022)

BHAVESH DESAI AGP for the Appellant(s) No. 1,2,3 (FIRST APPEAL

NOS.2649 AND 2653 OF 2021)

MR NIKUNT K RAVAL(5558) for the Defendant(s) No. 1

VIDIT S SHARMA(7365) for the Defendant(s) No. 1

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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

Date : 04/02/2026

COMMON ORAL JUDGMENT

1. The present First Appeal is filed under Section 54 of the

Land Acquisition Act, 1894 read with Section 96 of the Code of

Civil Procedure, 1908, challenging the judgment and award

passed by the learned Reference Court in LAR Nos.137, 138, 140,

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NEUTRAL CITATION

C/FA/2649/2021 JUDGMENT DATED: 04/02/2026

0.49281200627023236

141 and 142 of 2017, whereby the learned Reference Court has

determined the market value of the acquired land pertaining to

Village - Khadki, Taluka - Kalol, District - Panchmahal at the rate

of Rs.462.76/- and accordingly ordered to pay the difference

amount to the State - authority with statutory benefits.

2. Heard learned AGP Mr. Parth Patel for the State and

learned advocate Mr. Nikunt Raval for the respondent.

3. Learned AGP Mr. Patel submits that the learned Reference

Court has committed an error in granting the higher amount,

relying on the award passed by the learned Reference Court for

the adjoining Village - Delol, Taluka - Kalol. It is submitted by the

learned AGP Mr. Patel that without considering the aspect of

fertility and sale instances, the learned Court has determined the

market value and therefore, the same is required to be set aside

by allowing the First Appeal.

4. Per contra, learned advocate Mr. Rawal submits that the

common judgment is passed by the learned Reference Court in

LAR Nos.121 to 124 of 2017 as well as 134 to 142 of 2017.

However, the State has not challenged the judgment and order

of the Reference Court in other matters except in the present

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NEUTRAL CITATION

C/FA/2649/2021 JUDGMENT DATED: 04/02/2026

0.49281200627023236

appeal. It is submitted by the learned advocate Mr. Rawal that as

per the evidence placed on record, more particularly the map

produced below Exh.20 by D.I.L.R., there was a common

boundary between Village Delol and Village Khadki and the

award passed in respect to the land of Village Delol has been

accepted by the State and therefore, no error has been

committed by the learned Reference Court in determining the

market value as above stated. In that background, it is prayed to

dismiss the appeal and confirm the award passed by the learned

Reference Court.

5. Having considered the submissions made by the learned

advocates for the respective parties, it emerges from the record

that the Section 4 notification was issued on 15.07.2010 for the

land under acquisition pertaining to Village - Khadki, Taluka –

Kalol, which was acquired for the purpose of road widening 4-

lane of Halol – Godhra – Lunawada - Shamalaji - Modasa. It further

also emerges that the Section 11 award came to be passed on

18.01.2012, whereby the Land Acquisition OfÏcer has awarded

Rs.15/- per sq. mtr. Challenging the said award and claiming

enhancement, the appli