NAI DEVSHIBHAI KALABHAI vs DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION, NARMADA PROJECT
- Court
- Gujarat High Court
C/FA/4174/2026 JUDGMENT DATED: 12/10/2026
(GJHC240702562021)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4174 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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NAI DEVSHIBHAI KALABHAI
Versus
DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION,
NARMADA PROJECT & ANR.
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MS DIXA PANDYA, AGP for the Defendant(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 12/10/2026
JUDGMENT
1. The captioned appeal is filed against the impugned
judgment dated 19.08.2017 and decree dated 24.08.2017 passed
nd
by the learned 2 Additional Senior Civil Judge & Additional
Chief Judicial Magistrate, Palanpur in LAR No.303 of 2000,
whereby the learned Reference Court had awarded the additional
compensation at the rate of Rs.55/- per sqr. mtr. for irrigated
land and Rs.37/- per sqr. mtr for non-irrigated land.
2. It emerges from the record that the land of the village :
Bhapi, Taluka : Tharad, District : Banaskantha, came to be
acquired for the public purpose of Narmada main canal Project.
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It also emerges from the record that the notification under
Section 4 of the Land Acquisition Act (hereinafter referred to as
the “Act”) for the acquisition of the land of the appellants was
published on 29.04.1997, and the notification under Section 6
came to be published on 06.11.1997. The Land Acquisition
Officer declared the award under Section 11 of the Act on
20.10.1999 and awarded the compensation at the rate of
Rs.2.10/- per sqr. mtr. for irrigated land and Rs.1.40/- sqr. mtr.
for non-irrigated land. Being aggrieved and dissatisfied with the
award passed by the Land Acquisition Officer, the appellant
preferred a reference under Section 18 of the Act. Vide judgment
and award dated 19.08.2017, the learned Reference Court had
awarded the additional compensation at the rate of Rs.55/- per
sqr. mtr. for irrigated land and Rs.37/- per sqr. mtr for non-
irrigated land.
3. Being aggrieved and dissatisfied with the impugned
judgment and award passed by the learned Reference Court, the
appellant has filed the captioned appeal for enhancement of
compensation.
4. Heard learned advocates for the parties.
5. Mr. Tejas P. Satta, learned advocate for the appellant,
submitted that the issue involved in the captioned appeal is no
more res-integra and the same has been settled by this High
Court in First Appeal No.141 of 2026 and allied matters and in
First Appeal No.3838 of 2026 had awarded the total
compensation at the rate of Rs.76/- per sqr. mtr. for irrigated as
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well as non-irrigated land. It is submitted that the land of the
present appellant was acquired by the very same notification
issued under Section 4 as well as under Section 6 of the Act. It is
submitted that, therefore, the original claimant/appellant is also
entitled for the compensation at the same rate.
6. Ms. Dixa Pandya, learned AGP appearing on behalf of the
respondents was unable to controvert the aforesaid submissions
advanced by the learned advocate for appellant–original
claimant. She could not point out any different situation or facts
in the present case. The notification issued under Section 4 and
6 are same and the land is also situated in the same village and
acquired for the very same purpose. Learned AGP further
submitted that the applicant shall not be entitled for the interest
on enhancement of amount of compensation for 141 days
caused in preferring restoration application.
7. In the backdrop of the aforesaid facts, the appellant is also
entitled for the same compensation, more particularly, when the
land of the appellants was acquired under the very same
notification for the very same purpose i.e., Narmada main canal
project.
8. This High Court in First Appeal No.141 of 2026 and allied
matters had observed in para-6 as under:-
“6. Considering the same, claimants would be
entitled for the market value at the rate of
Rs.76/-per sq.mtr. for irrigated as well as non-
irrigated land as the Division Bench of this Court,
in above appeal, has granted equal amount for
irrigated and non-irrigated land and State has
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accepted the same. Accordingly, the difference
amount is required to be paid to the claimants.
The remaining part of the impugned judgment
shall remain unaltered.”
9. In view of the above, the captioned appeal stands allowed
and the appellant is entitled to get the total compensation at the
rate of Rs.76/- per sq. mtr. for irrigated as well as non-irrigated
land. Thus, the appellant is entitled for an additional
compensation at the rate of Rs.21/- ( 76 – 55) per sqr. mtr. for
irrigated land and Rs.39/- ( 76 – 37) per sqr. mtr. for non-
irrigated land over and above the compensation awarded by the
learned Reference Court.
10. It is also to be noted that the appeal came to be dismissed
for non prosecution while restoring the application for
restoration, it is clarified that the claimant/s shall not be
entitled to the interest for the period of 141 days of delay so
occurred, in case, the first appeal is decided in favour of the
applicant/s.
11. The respondents - Authorities are hereby directed to
deposit the amount of compensation along with all other
statutory benefits within a period of eight weeks from date of
receipt of copy of this judgment.
12. Needless to state, upon such deposit, the learned Reference
Court shall disburse the amount of compensation in favour of
the original claimants/appellants in accordance with the settled
procedure, after deducting Court fees, if any. Record and
proceedings, if any, be sent back to the concerned
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Court/Tribunal forthwith.
13. In view of the disposal of the main matter, Civil
Application, if any, does not survive and stands disposed of
accordingly.
(MOOL CHAND TYAGI, J)
CDP
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