Land acquisition award remanded as the comparable instance judgment is undergoing fresh consideration.

The appellant, ONGC, challenged the judgment of the 9th Addl. Senior Civil Judge, Mehsana, in LAR No. 3369 of 2003 dated 17.04.2008

The land belonging to the respondents in Village Merda, Mehsana, was acquired for the ONGC–JREL project.

A Section 4 notification was published on 28.04.1999, and the Special Land Acquisition Officer (SLAO) subsequently awarded compensation at ₹12/- per sq. mtr.

On reference under Section 18 of the Land Acquisition Act, the Reference Court enhanced the compensation by ₹105/- per sq. mtr., totaling ₹117/- per sq. mtr., along with solatium and interest.

The appellant contended that the "exemplar judgment" (LAR No. 5371 of 2003) relied upon by the lower court had been remanded for reconsideration by a Coordinate Bench of the High Court in related proceedings.

1. Whether the judgment and award of the Reference Court can be sustained when the comparable instance (exemplar judgment) used to determine the compensation is currently under reconsideration by the Reference Court pursuant to High Court orders

2. Whether the matter requires remand to ensure parity and fresh consideration of evidence regarding land valuation for Village Merda

The Court applied the procedural and substantive provisions of the Land Acquisition Act, specifically Section 4 (preliminary notification), Section 6 (declaration of public purpose), Section 11 (award by collector), and Section 18 (reference to court).

It further relied on the principle of judicial consistency and the doctrine of parity in land compensation, noting that when a foundational or "exemplar" judgment for a specific village is set aside for fresh consideration by a higher court, subsequent awards based on that exemplar must also be re-evaluated.

The Court observed that the Reference Court had based its valuation on prior awards for the same or nearby villages.

However, it was brought to the Court's attention that in First Appeal No. 2292 of 2009, a Coordinate Bench had remanded similar matters because the benchmark judgment (LAR No. 5371 of 2003) was itself pending fresh adjudication.

The Court noted that notifications for Village Merda and Meda Adaraj between 1998 and 2003 resulted in varying awards ranging from ₹120/- to ₹162.50/- per sq. mtr.

Since the acquisition in the present case occurred in 1999—a timeline closely linked to the matters currently under reconsideration—the Court reasoned that it had "no option" but to remand the case to prevent inconsistency and ensure the compensation is determined based on the most accurate and currently valid legal benchmarks.

The matter was remanded to the Reference Court for fresh consideration of LAR No. 3369 of 2003.

The Court granted both parties liberty to lead further evidence.

The Reference Court was directed to decide the reference within six weeks of the first hearing, and any compensation amounts already lying with the court were ordered to remain invested in a Fixed Deposit until the final decision.