Case Note & Summary
The present first appeal was filed by the appellants under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and award dated 12.10.2013 passed by the learned 3rd Additional Senior Civil Judge, Palanpur, in Land Reference Case No.485 of 2000 (common order in LAR No.466 of 2000). The Reference Court had determined additional compensation at the rate of Rs.21.86/- per sq.mtr. for the land under acquisition pertaining to village Manpura, Taluka Deodar, District Banaskantha. The appellants, being the legal heirs of the original landowner and other claimants, sought enhancement of compensation. The learned advocate for the appellants, Mr. Rakesh R. Patel, submitted that in cognate first appeals arising from the same acquisition proceedings, this Court had granted additional compensation at the rate of Rs.81.05/- per sq.mtr. He relied on the decisions in Rabari Arjanbhai Nagjibhai v. State of Gujarat (First Appeal No.771 of 2023) and Rabari Ajiben Karsanbhai Decd. & Ors. v. State of Gujarat & Anr. (First Appeal No.956 of 2024). He argued that since the claimants' lands belong to the same village, the appellants are entitled to the same compensation. The appeal was opposed by the learned advocate Ms. Aishvarya for Respondent No. 2. The Court considered the submissions and referred to the decision in First Appeal No.771 of 2023, wherein a Co-ordinate Bench had granted enhanced compensation. The Court found that the present case is squarely covered by the said decision and that the appellants are entitled to the same enhanced compensation of Rs.81.05/- per sq.mtr. The impugned judgment and award were modified accordingly, and the appeal was allowed. The Court directed that the enhanced compensation be paid with all statutory benefits and costs as per the Land Acquisition Act.
Headnote
A) Land Acquisition - Compensation Enhancement - Precedent - Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908 - The appellants sought enhancement of compensation for land acquired in village Manpura, Taluka Deodar, District Banaskantha. The Reference Court had awarded additional compensation at Rs.21.86/- per sq.mtr. The High Court, following its earlier decisions in cognate appeals (First Appeal No.771 of 2023 and First Appeal No.956 of 2024), held that the appellants are entitled to the same enhanced compensation of Rs.81.05/- per sq.mtr. as granted to other claimants from the same village. The impugned judgment was modified accordingly. (Paras 1-6)
Issue of Consideration
Whether the appellants are entitled to enhanced compensation at the rate of Rs.81.05/- per sq.mtr. as granted in cognate appeals for the same village acquisition.
Final Decision
The appeal is allowed. The impugned judgment and award dated 12.10.2013 passed by the learned 3rd Additional Senior Civil Judge, Palanpur, in Land Reference Case No.485 of 2000 is modified. The appellants are entitled to additional compensation at the rate of Rs.81.05/- per sq.mtr. with all statutory benefits and costs as per the Land Acquisition Act.
Law Points
- Land Acquisition
- Compensation Enhancement
- Precedent
- Section 54 Land Acquisition Act
- 1894
- Section 96 CPC
