IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 554 of 2023 With R/CROSS OBJECTION NO. 60 of 2025 In R/FIRST APPEAL NO. 554 of 2023 ================================================================

EXECUTIVE ENGINEER & ANR.

Versus MALEK MUSTAKHUSEN JAMSUMIYA ================================================================

Appearance:

MS SHRUNJAL SHAH, AGP for the Appellant(s) No. 1,2 MR R.K.MANSURI(3205) for the Defendant(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 10/03/2026

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned Assistant Government Pleader Ms.Shrunjal Shah appearing for the appellants and learned advocate Mr.R.K.Mansuri appearing for the respondent.

2. First Appeal No.554 of 2023 is filed by the appellants-State under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) read with Section 96 of the Code of Civil Procedure, 1908, challenging the Judgment and Award dated 29.09.2021 passed in Land Acquisition Reference No.1 of 2018 by the learned Principal Senior Civil Judge, Modasa, District Aravalli, whereby the learned Court has granted compensation at the rate of Rs.2,683/- per Sq. Mtr. for the agricultural land bearing Survey No.768 admeasuring 0-36-00 Hectare-Sq.Mtrs., situated at Village: Sayra, Taluka: Modasa.

3. Cross-objections are filed by the claimants relying upon Exh.23, whereby the Land Valuation Committee has determined the market value of the land bearing Survey No.187 at Rs.6,000/- per Sq. Mtr., as the said land is situated at a distance of about 3.880 kilometers and, therefore, a prayer is made to enhance the compensation awarded to the claimants.

4. Learned Assistant Government Pleader Ms. Shah seeks to challenge the said Judgment and Award on various grounds.

5. It appears that the issue in question is no longer res integra in view of the submission made by learned advocate Mr. Mansuri on behalf of the respondent–

claimant that the claim is covered by the decision dated 11.11.2022 of the Hon’ble Division Bench of this Court passed in First Appeal No.2210 of 2022 and allied matters.

6. It appears that the decision of this Court in First Appeal No.2210 of 2022 concerns a group of First Appeals arising out of Land Reference Case Nos.123 to 133 of 2017, 135, 137 to 139 of 2017, 141, 142 and 144 to 150 of 2017, as noted in paragraph 2.5 of the said judgment covering facts of First Appeal No.2360 of 2022 and allied matters, more particularly, the said references were related to Village: Gajan Ta: Modasa, Dist: Aravalli, which, according to learned advocate Mr. Mansuri, is an adjacent village and, therefore, being a comparable instance and in such circumstances, according to the learned advocate, the said decision would cover the present issue.

7. So far as the impugned Award is concerned, the claimants have also prayed for enhancement of the Award relying upon the Report of the Land Valuation Committee of the adjacent Survey No.187 at Rs.6,000/- per Sq. Mtr.

8. It was, therefore, submitted by learned advocate Mr. Mansuri that the appeal filed by the State is required to be dismissed, whereas the cross-objections filed by the claimants should be allowed, as prayed for.

9. On perusal of the Judgment of the Co-ordinate Bench, it appears that the land in question had been acquired for a public purpose for construction of a four- lane State Highway connecting Shamlaji–Modasa– Malpur–Lunawada–Godhra–Halol. The notification under Section 4 of the Act in respect of the present Village: Sayra was issued on 28.04.2010, and the notification under Section 6 of the Act was published on 24.06.2010 and after giving an opportunity of hearing under Sections 9(3)(4) of the Act, the competent authority passed the Award under Section 11 of the Act on 09.03.2011, whereby amount awarded as compensation of the acquired land at Rs.25 per Sq. Mtr. for irrigated land a