IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1302 of 2020 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No ✔

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SPECIAL LAND ACQUISITION OFFICER & ANR.

Versus PATHAN ALAMKHAN YASINKHAN ==========================================================

Appearance:

PARTH PATEL, AGP for the Appellant(s) No. 1,2 FRESH RULE SERVED(4513) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 18/02/2026

ORAL JUDGMENT

1. The present appeal is filed under Section 54 of the Land Acquisition Act, 1894 and read with Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and award passed by the learned Reference Court dated 20.06.2017 in Land Reference Nos.151 to 163 of 2015, whereby the learned Reference Court has awarded additional compensation of Rs.555.73/- per sq. mtr. for the land acquired pertaining to Village - Sardarpur, Taluka - Vijapur, District Mehsana for the project of construction of Dharoi Canal where notification under Section 4 was published on 25.03.2011 and the award under Section 11 came to be passed on 06.12.2013, determining the market value at the rate of Rs.31/- per sq. mtr. for non-irrigated land.

2. Heard learned AGP Mr. Parth Patel for the appellant–State. Fresh rule is served upon respondent. However, no one appears on behalf of the respondent, either in person or through an advocate.

3. At the outset, learned AGP Mr. Parth Patel fairly submits that for the same village and common group where the impugned award is under challenge, the first appeals which were filed, being First Appeal Nos.1303 to 1305 of 2020, by the State whereby this Court has dismissed the first appeals vide judgment dated 24.02.2025, this Court has referred to the decision rendered by the Coordinate Bench of this Court in the above first appeals, wherein it is observed as under :-

“ 11. The present appeals are filed at the instance of State under Section 54 of the Land Acquisition Act, 1894 (for short, “the Act of 1894”), read with Section 96 of the Code of Civil Procedure, challenging the common judgment and award dated 20.06.2017 passed by learned Principal Senior Civil Judge, Vijapur in Land Reference Case Nos.151 of 2015 to 163 of 2015 (main Land Reference Case No.151 of 2015), whereby the learned Judge has partly allowed the aforesaid land reference cases holding the present respondents-original claimants entitled to additional amount of compensation at the rate of Rs.555.73/- per sq. mtrs (Rs.586.73/- Rs.31/-) for the acquired lands. The learned Judge has also held the original claimants entitled to the amount of solatium at the rate of 30% of the market value. In addition thereto, the original claimants are also held entitled to get amount payable under Section 23(1A) of the amended Land Acquisition Act on the market value of their acquired lands at the rate of 12% per annum from the date of notification under Section 4 of the Act till the date of the award. The Reference Court has also awarded interest under Section 28 of the Act of 1894 on additional amount of compensation payable to the claimants at the rate of 9% per annum from the date of taking possession of the acquired lands till the expiry of period of one year and at the rate of 15% per annum for the subsequent year till the date of depositing the amount of additional compensation awarded to them. The Reference Court has further directed the Land Acquisition Officer to deduct the amount of compensation already paid from the aforesaid amount determined by the court. The State Authorities are directed to bear the proportionate cost awarded to the claimants as well as to bear their own cost.

11.1 The close examination of the record of the aforesaid land reference cases indicates that the original claimants are the affecte