Gujarat High Court
Property and Real Estate LawAdministrative and Public Law

Claimants under the same acquisition notification are entitled to parity in compensation.

HEIRS OF DECD. DIWALIBEN GORDHANBHAI PACHANI THRO NAYANA GORDHANBHAI PACHANI W/O DILIPBHAI VACHHANI vs STATE OF GUJARAT

Gujarat High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
Claimants under the same acquisition notification are entitled to parity in compensation.. HEIRS OF DECD. DIWALIBEN GORDHANBHAI PACHANI THRO NAYANA GORDHANBHAI PACHANI W/O DILIPBHAI VACHHANI vs STATE OF GUJARAT. Gujarat High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Land at Paneli Moti, Taluka Upleta, was acquired for the Paneli Small Irrigation Scheme.

Source reference: para. 1–2

The Section 4 notification was published on 9 October 2002, followed by the Section 6 notification on 3 May 2003.

Source reference: para. 1–2

The Special Land Acquisition Officer awarded compensation at Rs. 5.87 per sq. m.; on a Section 18 reference, the Reference Court enhanced it to Rs. 60 per sq. m.

Source reference: para. 1–2

The claimants’ heirs appealed for further enhancement.

Source reference: para. 5

They relied on a decision in First Appeal No. 1386 of 2024 and allied matters concerning land in the same village acquired under the same notification, in which compensation was enhanced to Rs. 148.14 per sq. m.

Source reference: para. 5, 7

The State’s challenge to that decision was dismissed by the Supreme Court.

Source reference: para. 5, 7

The present appeal had been filed after a delay of 2,459 days, which was condoned subject to the claimants’ forfeiting interest for that delayed period on the enhanced compensation.

Source reference: para. 6, 10
02

Issues

1. Whether the appellants were entitled to the compensation rate of Rs. 148.14 per sq. m. awarded in the related appeals concerning land acquired in the same village under the same notification.

Source reference: para. 5–9

2. Whether the appellants were entitled to interest on the enhanced compensation for the 2,459-day period of delay in filing the appeal.

Source reference: para. 6, 10
03

Law Applied

Under Sections 4, 6 and 11 of the Land Acquisition Act, 1894, acquisition proceeds through the statutory notifications and the Collector’s award; a claimant dissatisfied with the award may seek a reference under Section 18.

Source reference: para. 2

The Court applied the principle of consistency in compensation where the relevant lands were situated in the same village and acquired under the same notification, relying on its decision in First Appeal No. 1386 of 2024 and allied matters, which had fixed compensation at Rs. 148.14 per sq. m. and attained finality after dismissal of the State’s SLP.

Source reference: para. 5, 7–8

The order condoning delay barred interest on the enhanced amount for the period of delay.

Source reference: para. 10
04

Reasoning

The Court noted that the related appeals concerned land in the same village acquired under the same notification and that the compensation determination in those appeals had attained finality.

Source reference: para. 6–9

The State and acquiring authority did not controvert the appellants’ reliance on that decision.

Source reference: para. 6–9

The Court therefore applied the same rate of Rs. 148.14 per sq. m., allowing an additional Rs. 88.14 per sq. m. over the Reference Court’s award of Rs. 60.

Source reference: para. 6–9

However, because the appeal’s delay had been condoned on terms, the appellants could not claim interest on the additional compensation for the 2,459-day delayed period.

Source reference: para. 10
05

Holding

The appeal was allowed.

The appellants were held entitled to total compensation of Rs. 148.14 per sq. m., including additional compensation of Rs. 88.14 per sq. m. over the Reference Court’s award.

Source reference: para. 9–12

They were not entitled to interest on the enhanced amount for the 2,459-day period of delay.

Source reference: para. 9–12

The authorities were directed to deposit compensation together with statutory benefits within eight weeks of receiving the judgment; the Reference Court was to disburse the amount in accordance with procedure after deducting any court fees due.

Source reference: para. 9–12
06

Acts & Sections Cited

4 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.

Land Acquisition Act, 18944

Section 4Section 6Section 11Section 18
Gujarat High Court

Original Court PDF

HEIRS OF DECD. DIWALIBEN GORDHANBHAI PACHANI THRO NAYANA GORDHANBHAI PACHANI W/O DILIPBHAI VACHHANIvsSTATE OF GUJARAT

Gujarat High Court · October 08, 2026

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