PATEL ARVINDBHAI GOVINDBHAI vs DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION
- Court
- Gujarat High Court
C/FA/319/2026 JUDGMENT DATED: 22/10/2026
(GJHC240001372026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 319 of 2026
With
R/FIRST APPEAL NO. 320 of 2026
With
R/FIRST APPEAL NO. 321 of 2026
With
R/FIRST APPEAL NO. 322 of 2026
With
R/FIRST APPEAL NO. 748 of 2026
With
R/FIRST APPEAL NO. 749 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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PATEL ARVINDBHAI GOVINDBHAI
Versus
DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION
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Appearance:
MR ADITYA S PATEL(12087) for the Appellant(s) No. 1
MS. NIMISHA PAREKH, AGP, for the Defendant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 22/10/2026
JUDGMENT
1. The captioned group of appeals is filed against the
impugned judgment and award dated 09.07.2021, passed by
learned Principal Senior Civil Judge, Bayad, District: Arvalli in LAR
Case Nos.105 of 2017, 109 of 2017, 107 of 2017, 111 of 2017, 108
of 2017 and 110 of 2017 respectively, whereby the learned
Reference Court had awarded the total compensation at the rate
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of Rs.210/- per sq.mtr. for both lands i.e. Bagayat and Jirayat
(including Kharaba land).
2. Being aggrieved and dissatisfied with the impugned
judgment and award, the appellants-original claimants herein
have preferred the captioned group of appeals for enhancement
of compensation. It emerges from the record that the
agricultural lands belonging to the appellants-original claimants
situated at block/survey No.52 admeasuring different areas in
sq.mtrs. located at Gopalpura-1, Taluka: Dhansura, District: Arvalli
were acquired for the Sujlam Suflam Spreading Canal. It also
emerges from the record that the notification under Section 4 of
the Land Acquisition Act, 1894 (hereafter called and referred as
“the Act”) came to be published on 24.09.2004 and consequently,
the notification under Section 6 of the Act came to be published
on 22.11.2004. The Land Acquisition Officer had declared the
award under Section 11 of the Act on 30.05.2005, whereby the
Land Acquisition Officer had awarded the compensation at the
rate of Rs.5/- per sq.mtr.
3. Being aggrieved and dissatisfied with the compensation
awarded by the Land Acquisition Officer, the appellants-original
claimants preferred Reference Cases under Section 18 of the Act.
Vide judgment and award dated 09.07.2021, the learned
Reference Court had enhanced the compensation from Rs.5/- to
Rs.210/- per sq.mtr.
4. Heard learned counsels for the parties.
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5. Mr. Aditya Patel, learned counsel appearing on behalf of the
appellants-original claimants vehemently submitted the case of
the appellants-claimants is squarely covered by the judgment
rendered by the Co-ordinate bench of the High Court in First
Appeal No.1050 of 2022 and allied matters, whereby the Co-
ordinate Bench has enhanced the compensation and awarded the
total compensation at the rate of Rs.308.25 per sq.mtr with all
statutory benefits. It is submitted that the village Alva and the
village Gopalpura-1 are adjacent to each other. It is submitted
that the land of village Alva was acquired by publishing a
notification under Section 4 of the Act on 16.10.2002, while the
land in question came to be acquired by issuing notification
under Section 4 of the Act on 24.09.2004. It is submitted that the
potentiality of lands in question is similar to the lands situated at
village:Alva, and therefore, the appellants-original claimants are
entitled for the compensation at the same rate as awarded for
the lands situated at village: Alva.
6. Per contra, Ms. Nimisha Parekh, learned Assistant
Government Pleader appearing on behalf of respondent No.1
could not controvert the said submission. However, she
submitted that the captioned appeals came to be filed with delay
of 1547 days. She further submitted that at the time of
condoning the delay, the Court had passed the order directing
that the appellants-original claimants would not be entitled to
interest for the delayed period. Accordingly, the appellants-
original claimants would not be entitled for the interest for a
period of 1547 days occasioned in preferring the captioned
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appeals.
7. Having considered the submissions advanced by learned
counsels for the parties and having gone through the record, it is
an undisputed fact that the village: Alva and village: Gopalpura-1
are adjacent villages, situated in Taluka:Dhansura, District: Arvalli.
It is also not in dispute that the lands in question possess
potentiality similar to that of the lands situated at village: Alva.
The notification for the acquisition of the land of village:
Gopalpuara-1 under Section 4 of the Act was issued on
24.09.2004, whereas the notification for acquisition of the lands
situated at village: Alva was issued on 16.10.2002. The purpose of
acquisition of lands in both the cases is also same. Thus, the
appellants-original claimants in the present appeals are also
entitled to receive the compensation at the same rate, as
awarded by this High Court in respect of the lands situated at
village: Alva. The Co-ordinate Bench of this High Court in First
Appeal No.1050 of 2022 and allied appeals, enhanced the
compensation and observed in paras-5 to 7 as under: -
“ 5. Considering the peculiar facts and circumstances of the
case and since the issue is covered by the judgment of
theCoordinate Bench of this Court passed in First Appeal
No.506 of 2022 and allied matters, whereby the Coordinate
Bench of this Court enhanced the additional compensation
from Rs.80/- per sq mtr to Rs.228.25/- per sq mtr i.e. total
compensation ofRs.308.25/-, present First Appeals require
consideration. In paras 5 to 7 the Coordinate Bench of this
Court has observed thus:-
“6. Having considered the submissions made by the
learned advocates for the respective parties and on
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referring to the decision rendered by this Court in First
Appeal No.3879 of 2022, wherein this Court had
awarded the additional compensation at the rate of
Rs.228.25/- per sq. mtr., by observing as under:
"7. The purpose behind the enactment of the Land
Acquisition Act is to see that, the land owners who have
lost the lands and the livelihood because of acquisitions
of their lands must receive just and reasonable
compensation. The compensation has to determined on
the market value of the land on the date of notification.
For determining the marketing value of the land, out of
various factors, one of the factors is the consideration
of the decision rendered in other Land Reference Cases
of the same village, which is either adjacent/nearby the
land which is acquired by the acquiring body
8. Considering the aforesaid law laid down by the
Hon'ble Apex Court, claimants are entitled to the
compensation accordingly. Claimants shall be entitled
to Rs.228.25/- per square metres as an additional
compensation with all statutory benefits. Resultantly,
present First Appeal is allowed."
6.1 It is an undisputed fact that the Village Alva and
Aakodiya are adjacent villages and are sharing common
boundaries and therefore, the decision rendered by this
Court in First Appeal No.3879 of 2022 and allied
matters on 27.01.2026 would apply to the present case.
6.2 Considering the above undisputed fact, in the
opinion of this Court, the impugned judgment is also
required to be modified to the extent that the claimants
would be entitled to the additional compensation at the
rate of Rs.228.25/- per sq. mtr. with all statutory
benefits.”
6. Apt to note that these appeals are forming part of the
group of appeals, whose judgment has been relied upon by
learned advocate for the claimants, and therefore, identical
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order in the present First Appeals is also required to be passed
and the First Appeals are required to be allowed in terms of
the aforestated judgment passed by the Coordinate Bench of
this Court.
7. Resultantly, present First Appeals are allowed. The
respondents are directed to pay total compensation at the
rate of Rs.308.25/- per sq mtr with permissible statutory
benefits to the claimants.”
8. Thus, in view of the order passed by the Co-ordinate Bench
of this High Court in First Appeal No.1050 of 2022 and allied
appeals, the appellants-claimants are entitled for the same rate
of compensation as awarded by the Co-ordinate Bench in respect
of the lands situated at village: Alva.
9. Hence, the captioned appeals deserve to be allowed and
the same are hereby allowed . Accordingly, the compensation is
hereby enhanced from Rs.210/- per sq.mtr to Rs.308.25/- per
sq.mtr. Thus, the appellants-original claimants are entitled for an
additional compensation of Rs.98.25/- per sq.mtr i.e. (Rs.308.25/-
per sq.mtr -Rs.210/-per sq.mtr). The appellants-claimants shall
not be entitled for the interest for a period of 1547 days, as the
appeals came to be filed belatedly. The appellants are entitled
for all statutory benefits.
10. In view of the above, the appellants-claimants shall be
entitled to get additional compensation at the rate of Rs. 98.25/-
per sq. mtr. over and above compensation awarded by the
learned Reference Court.
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11. The respondents are directed to deposit an additional
amount of compensation of Rs. 98.25/-per sq. meter before the
learned Reference Court alongwith all statutory benefits within a
period of eight weeks from the date of receipt of a copy of this
order.
12. Upon deposit, the said amount shall be disbursed in favour
of the present appellants-claimants after verifying their bank
details and following due procedure. Record and proceedings be
sent back to the concerned Reference Court forthwith.
(MOOL CHAND TYAGI, J)
SIDDHARTH
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