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2026 Supreme(Online)(Guj) 9633

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


NEUTRAL CITATION

C/FA/561/2022 ORDER DATED: 07/04/2026


R/FIRST APPEAL NO. 561 of 2022

With

R/FIRST APPEAL NO. 562 of 2012

With

R/FIRST APPEAL NO. 564 of 2022

With

R/FIRST APPEAL NO. 565 of 2022


PARMAR NATUBHAI PRABHATBHAI & ANR.

Versus

STATE OF GUJARAT & ANR.


Appearance:

MR MANISH S SHAH(5859) for the Appellant(s) No. 1,2

MS URVASHI PUROHIT AGP for the Defendant(s) No. 1

RULE SERVED for the Defendant(s) No. 2


CORAM:

HONOURABLE MR. JUSTICE J. C. DOSHI


Date : 07/04/2026

ORDER

1. Since vide the common judgment and award dated 01.12.2012 passed in Land Reference Case Nos.966 of 2010 to 981 of 2010 treating Land Reference Case No.976 of 2010 by the Reference Court i.e. learned Principal Senior Civil Judge, Modasa, has given rise to these appeals, all these appeals being decided by this common order.

2. All these appeals are filed under Section 54 of the Land Acquisition Act, 1894, seeking enhancement in the compensation awarded Rs.50/- per sq mtr to Rs.300/- per sq mtr.

3. The facts, in nutshell, are as under:

3.1 The appellants are owners and occupier of the agricultural lands situated at Village : Dankhneshwar Tal:Bayad, Dist.Arvallia – Modasa, which were acquired for the purpose of construction of Sujlam Suflam Spreading Canal and for that purpose notification under Sections 4 and 6 were published. Upon issuance of Notice under Section 9 of the Act, appellants put forward their claims claiming compensation @ Rs.10,00,000/- per Acre and thereafter Land Acquisition Officer awarded Rs.6.40/- per sq mtr under Section 11 of the Act vide award dated 02.12.2005.

3.2 Against the said award, appellants preferred Land Reference Cases under Section 18 of the Act claiming an amount of Rs.300/- per sq mtr, however, the Reference Court vide judgment and award awarded Rs.50/- per sq mtr and hence being aggrieved by the said judgment and award the present appeals are filed.

4. Heard learned advocate Mr.Manish Shah for the appellant and learned Assistant Government Pleader Ms.Urvashi Purohit for the respondent State authorities.

5. Learned advocate Mr.Shah for the appellants relied upon the judgment dated 03.03.2026 passed by the Coordinate Bench of this Court in First Appeal Nos.4424 of 2025 and allied appeals whereby for an acquisitions of lands of the same village Dakhneshwar for the same period and issuance of Notification under Section 4 of the Act for the same period, Reference Court awarded Rs.223/- per sq mtr in Reference Case No.197 of 2017 and allied matters and he been pleased to enhance compensation upto Rs.317/- per sq mtr. He would therefore submit that based on the said judgment of the coordinate Bench, which is for the same village having same public purpose and the date of issuance of Notification under Section 4 of the Act, the present appeals may also be allowed.

6. Ms.Urvashi Purohit, learned Assistant Government Pleader for the respondent State submits that the judgment and order dated 03.03.2026 passed by the Coordinate Bench of this Court in First Appeal Nos.4424 of 2025 and allied appeals co-relates with the facts of the present case and the said judgment has not been challenged before the Apex Court. In the case of the said judgment passed by the Coordinate Bench in First Appeal Nos.4424 of 2025 and allied appeals, Notification under Section 4 of the Act was issued on 09.06.2005 for the lands acquired for irrigation scheme quantified upto Rs.317/- per sq mtr. The present case contains Notification under Section 4 of the Act dated 02.06.2005 on the same time when the Notification under Section 4 of the Act had been issued in the matters wherein the coordinate Bench has passed the judgment dated 03.03.2025 in First Appeal Nos.4424 of 2025 and allied matters.

7. This Court having gone through the judgment dated 03.03.2025 passed by the Coordinate Bench of this Court in First Appeal Nos.4424 of 2025 and allied appeals finds that the coordinate Bench has has ascribed the reasons, more particularly in paras:7, 7.1, 7.2., 7.3 and in para:8 has quantified the compensation, which read as under:

“7. Having considered the submissions made by the learned advocates for the respective parties and upon perusal of the map as well as the reasons assigned by the learned Reference Court, it emerges that the land under acquisition pertaining to village Dakhneshwar, Taluka Bayad, District Aravalli, was acquired for the purpose of an irrigation scheme by issuance of notificat

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