##PAGE1##

NEUTRAL CITATION

C/FA/1463/2026 ORDER DATED: 17/04/2026

0.9189038181628698

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1463 of 2026

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

PATEL KANJIBHAI HIRJIBHAI SINCE DECD. THROUGH LHS & ORS.

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR MANISH S SHAH(5859) for the Appellant(s) No. 1,1.1,1.2,1.3 MR BHARAT VYAS AGP for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 17/04/2026

ORDER

1. The present appeal is directed against the judgment and award dated 11.11.2020 passed in LAR No.123 of 2017 to 141 of 2017 [Old LAR Nos.941 of 2010 to 959 of 2010 @ Modasa], treating Main LAR No.131 of 2017 [Old Main LAR No.949 of 2010] whereby the Reference Court i.e. learned Principal Senior Civil Judge, Bayad, Dist.Arvalli has granted Rs.201.50 paisa per sq mtr for Jirayat land inclusive of the compensation determined by the Special Land Acquisition Officer with

statutory benefits and interest.

2. It is a case whereby a Notification under Section 4 of the Land Acquisition Act, 1894 (‘the Acquisition Act’, for short) dated 06.05.2005, the Deputy Collector and Special Land Acquisition Officer, Himmatnagar intend to acquire subject land being Jirayat land for the public purpose for irrigation scheme i.e. Sujlam Suflam Canal Spreading Scheme from Village:Vatrak, Dist.Bayad, Dist.Sabarkantha. Notification under Section 6 of the Acquisition Act was published on 30.11.2005 and thereafter hearing was provided under

Page 1 of 6 Uploaded by MISHRA AMIT V.(HC00187) on Thu Apr 23 2026 Downloaded on : Mon May 04 18:14:48 IST 2026

NEUTRAL CITATION

C/FA/1463/2026 ORDER DATED: 17/04/2026

0.9189038181628698

Section 9 of the Acquisition Act and the award passed by the Special Land Acquisition Officer of the Act to the tune of Rs.8.50 per sq mtr determining compensation for Jirayat land

against the claim of the claimants i.e. Rs.250/- per sq mtr.

3. As stated supra, the Reference Court, in a Reference under Section 18 of the Acquisition Act, was pleased to decide reference in favour of claimant and determine the total compensation Rs.210.50/- per sq mtr. Being aggrieved, the

claimants are before this Court by way of present appeals.

4.1 Learned advocate Mr.Manish Shah appearing for the claimants referred to the order passed by this Court in First Appeal No.1057 of 2021 with allied matters, dated 27.03.2026 and submitted that this Court has determined the additional compensation of Rs.228.25 per sq mtr i.e. in total compensation of Rs.308.25 for Jirayat land and in an acquisition made for same irrigation scheme i.e. Sujlam Suflam extension for a Village Ratanpur and adjoining village

to village Vatrakghad.

4.2 He would further submit that acquisition was made almost in the same time period. He would further submit that, in the present case, Notification under Section 4 was issued on 06.05.2005 as against Notification under Section 4 of the Act published in acquisition for land at village Ratanpur on 26.09.2004. Therefore, he would submit that precisely Notification under Section 4 of the Act, in the present case, was published 07 months 12 days later to the Notification under Section 4 of the Act, issued for acquisition of the lands

Page 2 of 6 Uploaded by MISHRA AMIT V.(HC00187) on Thu Apr 23 2026 Downloaded on : Mon May 04 18:14:48 IST 2026

NEUTRAL CITATION

C/FA/1463/2026 ORDER DATED: 17/04/2026

0.9189038181628698

at Village:Ratanpur and thereby as per prevailing settled practice, present appellants are entitled to 10% higher compensation than the fixed by the Court in First Appeal

No.1057 of 2021 and allied matters.

4.3 He further submits that, this appeal is filed against the common judgment and award dated 11.11.2020 passed in LAR No.123 of 2017 to 141 of 2017 [Old LAR Nos.941 of 2010 to 959 of 2010 @ Modasa], treating Main LAR No.131 of 2017 passed by