HARDAS GOKAL vs STATE OF GUJARAT THROUGH DEPUTY COLLECTOR AND LAND ACQUISITION OFFICER AND REHABILITATION
- Court
- Gujarat High Court
C/FA/856/2021 JUDGMENT DATED: 15/10/2026
(GJHC240050472021)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 856 of 2021
With
R/FIRST APPEAL NO. 857 of 2021
With
R/FIRST APPEAL NO. 858 of 2021
With
R/FIRST APPEAL NO. 859 of 2021
With
R/FIRST APPEAL NO. 860 of 2021
With
R/FIRST APPEAL NO. 861 of 2021
With
R/FIRST APPEAL NO. 862 of 2021
With
R/FIRST APPEAL NO. 863 of 2021
With
R/FIRST APPEAL NO. 864 of 2021
With
R/FIRST APPEAL NO. 865 of 2021
With
R/FIRST APPEAL NO. 866 of 2021
With
R/FIRST APPEAL NO. 867 of 2021
With
R/FIRST APPEAL NO. 868 of 2021
With
R/FIRST APPEAL NO. 869 of 2021
With
R/FIRST APPEAL NO. 870 of 2021
With
R/FIRST APPEAL NO. 871 of 2021
With
R/FIRST APPEAL NO. 872 of 2021
With
R/FIRST APPEAL NO. 873 of 2021
With
R/FIRST APPEAL NO. 874 of 2021
With
R/FIRST APPEAL NO. 875 of 2021
With
R/FIRST APPEAL NO. 3298 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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C/FA/856/2021 JUDGMENT DATED: 15/10/2026
(GJHC240050472021)
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HARDAS GOKAL
Versus
STATE OF GUJARAT THROUGH DEPUTY COLLECTOR AND LAND
ACQUISITION OFFICER AND REHABILITATION & ANR.
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Appearance:
MR NITIN M AMIN(126) for the Appellant(s) No. 1
MR SANJAY M AMIN(130) for the Appellant(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 15/10/2026
COMMON JUDGMENT
1. At the request of Mr. Nitin M Amin, learned advocate for the
appellants and Ms. Nimisha J Parekh, learned AGP appearing on behalf
of the Respondent - authorities, all the captioned appeals are hereby
taken-up together for final hearing and are being disposed of by way of
this common judgment.
2. All the captioned appeals have been preferred by the land owners
of Bagdu village, thereby assailing the judgments and orders passed by
the learned Principal Senior Civil Judge, Junagadh, dated - 28.12.2017
in Land Reference Case Nos. 290, 291, 292, 293, 294, 295, 296, 297,
298, 299, 300, 301, 302, 303, 304, 305, 306, 308, 309 & 310 of 2006;
and dated 21.02.2018 passed in Land Reference Case No.62 of 2010,
whereby the learned Reference Court had assessed the compensation
for acquiring lands for public purposes and had awarded additional
compensation of Rs.25.11/- per sq. mts. for irrigated (Bagayati) lands
and Rs.18.17/- per sq. mts. for non-irrigated (Jirayati) lands.
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3. Before proceeding further, it would be apposite to refer to the
order of admission passed in First Appeal No.423 of 2023 and allied
matters, wherein the Coordinate Bench of this Court had observed as
under;
“ ADMIT. The only issue raised in the appeals is titling the
lands to be non-irrigated lands in place of the lands being
actually irrigated lands. Otherwise, there is no dispute with
regard to the grant of compensation.
In view of the aforesaid fact, learned advocate for the
appellants is permitted to supply the paper-books with
advance copy to the learned AGP for verification.
Registry is directed to list the appeals on admission board
along with a group of cognate appeals raising identical
issues being First Appeals Nos.4976 to 4981 of 2022.
th
Stand over to 16 March 2023 . ”
4. Mr. Nitin M Amin, learned advocate for the appellants/land
owners submitted that the lands acquired by the respondent -
authorities are irrigated lands, however, the learned Reference Court,
while scheduling the award and awarding additional compensation,
referred to them as non-irrigated lands and decided the final figure of
compensation and thereby, committed a serious error. He invited the
attention of this Court to the decision rendered by the Division Bench of
this High Court in First Appeal No. 1257 of 2015 and allied matters to
submit that under similar facts and circumstances, the Division Bench
had remanded the matters therein, for fresh consideration.
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5. Per contra, Ms. Nimisha J Parekh, learned AGP appearing on
behalf of the Respondent - authorities contended that Section 4
Notification indicates that all lands acquired for public purposes are
non-irrigated lands, as such, the learned Reference Court has rightly
assessed and scheduled the total amount of compensation, which the
land owners are entitled to get.
6. This Court has heard the submissions advanced by the learned
counsel for the parties and has gone through the records. It is to be
noted that the lands which are acquired by way of the notification
belong to Bagdu village. It is further evident from the award that the
learned Reference Court has determined additional compensation for
both irrigated (Bagayat) and non-irrigated (Jirayat) lands. Thus, it can
be safely presumed that if all lands acquired for the public purposes
were non-irrigated (Jirayat) lands, there was no need for the learned
Reference Court to determine the compensation for irrigated (Bagayat)
lands.
7. Thus, in view of the afore facts and circumstances and having
regard to the ratio of the decision rendered by the Division Bench of
this Court in First Appeal No. 1257 of 2015 and allied matters, I am of
the considered view that the reference proceedings under challenge in
the captioned appeals are required to be remanded back to the learned
Reference Court for fresh consideration, in accordance with law.
8. Accordingly, all judgments and awards, which are under challenge
in the captioned appeals are hereby quashed and set aside, and are
remanded to the learned Reference Court for its fresh re-consideration
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on merits, in accordance with law. Parties are at liberty to produce any
additional evidence on record and the learned Reference Court shall
permit the same. The learned Reference Court shall examine, out of the
total number of lands acquired for the public purpose, how many lands
were irrigated (Bagayati) lands and how many lands were non-irrigated
(Jirayati) lands, and shall accordingly determine the additional
compensation. The amount, if any, yet to be disbursed, shall continue
to be invested in FDRs till a final decision is arrived at by the learned
Reference Court. Disbursement of amounts shall be subject to the final
outcome before the learned Reference Court.
9. Thus, in view of the above directions, the captioned appeals
stand partly allowed and is accordingly disposed of.
10. Records & Proceedings, if any, be sent back to the concerned
Reference Court. Direct service is permitted.
(MOOL CHAND TYAGI, J)
ARUN...
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