GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION vs LEGAL HEIRS OF DECD MANIBEN DEVJIBHAI
- Court
- Gujarat High Court
C/FA/65/2023 JUDGMENT DATED: 02/11/2026
(GJHC240730542022)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 65 of 2023
With
R/CROSS OBJECTION NO. 163 of 2023
In
R/FIRST APPEAL NO. 65 of 2023
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GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION & ANR.
Versus
LEGAL HEIRS OF DECD MANIBEN DEVJIBHAI & ORS.
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Appearance:
MR RD DAVE(264) for the Appellant(s) No. 1,2
MR BHAVESH DESAI, AGP for the Defendant(s) No. 3
MR KM SHETH(838) for the Defendant(s) No. 1,1.1,1.1.1,1.2
RULE UNSERVED for the Defendant(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 02/11/2026
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The appeal is by the Corporation being aggrieved by
the determination of compensation at Rs.511/- per Sq.
Mtr.
2. The cross- objection is also preferred by the
claimant, who had originally claimed Rs.750/- per square
meter as compensation.
3. It is not in dispute that Survey No.14 of Village
Dared, Taluka and District Jamnagar was acquired for the
purpose of formation of industrial estate in the year 2003.
A portion of this survey number was, in fact, the subject
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C/FA/65/2023 JUDGMENT DATED: 02/11/2026
(GJHC240730542022)
matter of an acquisition in the year 1996, in which, the
Land Acquisition Officer awarded a sum of Rs.12/- per Sq.
Mtr. as against the claim of Rs.350/- per Sq. Mtr. In a
reference filed under Section 18, the award amount was
increased to Rs.157/- per Sq. Mtr., in addition to the sum
of Rs.12/- Sq. Mtr., which was awarded by the Land
Acquisition Officer.
4. The Corporation preferred an appeal, which was
dismissed. However, the appeal preferred by the
claimants was, in fact, allowed and the compensation was
enhanced to Rs.350/- per Sq. Mtr.. This award was
challenged before the Supreme Court and the same was
dismissed.
5. It is also forthcoming that the claimant had also
preferred an appeal and though the Supreme Court held
that he would have been entitled to more. However, as he
had limited his claim to Rs.350/- per Sq. Mtr., the
Supreme Court confirmed the award of this Court.
6. In the year 2003, i.e. about seven years thereafter, a
further portion of this very survey No.14 was notified and
acquired. The Land Acquisition Officer awarded a sum of
Rs.20/- per Sq. Mtr. as against a sum of Rs.750/- per Sq.
Mtr. claimed by the claimants.
7. The Reference Court, taking into consideration the
observation of the Supreme Court that the claimant
would be entitled to more than Rs.500/- per Sq. Mtr.,
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proceeded to enhance the compensation to Rs.511/- per
Sq. Mtr. in addition to the sum of Rs.20/- per Sq. Mtr.
that was awarded by the Land Acquisition Officer.
8. Being aggrieved by this award, the present appeal
has been preferred by the Corporation and a cross
objection has also been preferred by the claimants.
9. The argument of the Corporation is that the 10%
increase for the seven years is wholly improper and
therefore, the order of the Reference Court is expected to
be interfered with.
10. The claimant, on the other hand, contended that he
would be entitled to a sum of Rs.750/- per Sq. Mtr. but
also made a submission that if the appeal of the
Corporation were to be dismissed, he would not press the
cross objection. The claimant is present in person and he
has instructed the learned counsel appearing for the
claimants to make the said submissions. The
communication issued to the counsel is placed on record.
11. The earlier acquisition by itself indicated that the
compensation awarded in respect of the earlier
notification of the year 1996 has attained finality
inasmuch as the Supreme Court has confirmed the award
of Rs.350/- per Sq. Mtr.. In fact, the observations have
been made in the Supreme Court's order that the
claimant would be entitled to a sum of nearly Rs.531/- per
Sq. Mtr.
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C/FA/65/2023 JUDGMENT DATED: 02/11/2026
(GJHC240730542022)
12. The Reference Court has merely relied upon this
very judgment of the Supreme Court to come to the
conclusion that the claimants would be entitled to a sum
of Rs.511/- per Sq. Mtr. in addition to the sum of Rs.20/-
per Sq. Mtr. awarded by the Land Acquisition Officer,
thereby meaning that the claimant would be entitled to a
sum of Rs.531/- per Sq. Mtr.
13. Since the assessment of the Reference Court is on
the basis of a finding recorded by the Supreme Court in
respect of an acquisition of the year 1996, the same
cannot be found fault with. We, therefore, see no reason
to entertain the appeal. The appeal is, accordingly,
DISMISSED.
14. In view of the statement made by the claimant, as a
result, the cross objection is also DISMISSED as not
PRESSED.
15. The amount, as deposited, be disbursed to the
claimant(s) immediately.
Sd/-
(N.S.SANJAY GOWDA,J)
Sd/-
(J. L. ODEDRA, J)
OMKAR
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