High Court of Gujarat Dismisses Appeals Seeking Enhanced Compensation in Land Acquisition Case — Market Value Determined Based on Previous Judgment Upheld. Reference Court's Award of Rs.55/sq.mtr for Irrigated and Rs.37/sq.mtr for Non-Irrigated Land Under Land Acquisition Act, 1894 Not Disturbed.

High Court: Gujarat High Court

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2026-05-19 14:56:14

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Case Note & Summary

The case involves five first appeals filed by the claimants (Goswami Hariben Dungarpuri and others) against the judgment and decree dated 19.08.2017 and 24.08.2017 passed by the learned reference court in LAR No.304/2000 and group LAR Nos.298/2000 to 318/2000. The land in question, located in village Bhapi, Taluka Tharad, District Banaskantha, was acquired for the Narmada Project. A notification under Section 4 of the Land Acquisition Act, 1894 was issued on 29.04.1997, and the Special Land Acquisition Officer, Narmada Project, Palanpur passed an award under Section 11 on 20.10.1999, fixing compensation at Rs.1.40 per sq.mtr for non-irrigated land and Rs.2.10 per sq.mtr for irrigated land. Dissatisfied, the claimants filed applications under Section 18 of the Act seeking enhancement. The reference court, after considering evidence and relying on a previous decision of the High Court in First Appeal No.1138/2006, awarded Rs.55 per sq.mtr for irrigated land and Rs.37 per sq.mtr for non-irrigated land. The appellants challenged this award, arguing that the reference court erred in relying on the previous judgment and that the compensation should be higher. The High Court heard arguments from learned advocates Mr. Tejas Satta and Mr. Krushnakant Patel for the appellants and learned AGP Mr. Parth Patel for the respondent-State. The court noted that the issues in all appeals were similar and decided them by a common judgment. Upon perusal of the record, the High Court found that the reference court had correctly applied the principles for determining market value and had relied on a relevant precedent. The court held that the compensation awarded was just and proper, and no interference was warranted. Consequently, all five appeals were dismissed. The judgment was delivered on 29.01.2026 by the High Court of Gujarat at Ahmedabad.

Headnote

A) Land Acquisition - Compensation - Market Value Determination - Land Acquisition Act, 1894, Sections 4, 11, 18 - The appellants challenged the reference court's award enhancing compensation from Rs.2.10/sq.mtr (irrigated) and Rs.1.40/sq.mtr (non-irrigated) to Rs.55/sq.mtr and Rs.37/sq.mtr respectively. The High Court upheld the award, finding no error in the reference court's reliance on a previous judgment in First Appeal No.1138/2006 for similar land. Held that the compensation awarded was just and proper, and no further enhancement was warranted (Paras 1-5).

Issue of Consideration

Whether the reference court erred in determining the market value of the acquired land at Rs.55 per sq.mtr for irrigated land and Rs.37 per sq.mtr for non-irrigated land, and whether the appellants are entitled to further enhancement.

Final Decision

All five first appeals are dismissed. The judgment and decree of the reference court dated 19.08.2017 and 24.08.2017 are upheld.

Law Points

Land acquisition compensation
market value determination
reliance on previous judgments
enhancement of compensation
Section 4 notification
Section 11 award
Section 18 reference

Case Details

2026:GUJHC:7154

R/First Appeal No. 141 of 2026 with R/First Appeal No. 143 of 2026, R/First Appeal No. 144 of 2026, R/First Appeal No. 145 of 2026, R/First Appeal No. 146 of 2026

2026-01-29

M. K. Thakker

2026:GUJHC:7154

Mr. Krushnakant D Patel, Mr. Tejas P Satta for the appellants; Mr. Parth Patel, AGP for respondent no.1; Mr. Parv Gupta for respondent no.2

Goswami Hariben Dungarpuri & Ors.

Deputy Collector & Anr.

Nature of Litigation

Appeals against the judgment and decree of the reference court in land acquisition reference cases seeking enhancement of compensation.

Remedy Sought

The appellants sought further enhancement of compensation for their acquired land beyond the amounts awarded by the reference court.

Filing Reason

The appellants were aggrieved by the reference court's award of Rs.55 per sq.mtr for irrigated land and Rs.37 per sq.mtr for non-irrigated land, claiming it was inadequate.

Previous Decisions

The Special Land Acquisition Officer passed an award under Section 11 on 20.10.1999 fixing compensation at Rs.1.40 per sq.mtr for non-irrigated land and Rs.2.10 per sq.mtr for irrigated land. The reference court enhanced it to Rs.55 and Rs.37 per sq.mtr respectively.

Issues

Whether the reference court erred in relying on the decision in First Appeal No.1138/2006? Whether the compensation awarded by the reference court is just and proper?

Submissions/Arguments

Learned advocate Mr. Tejas Satta submitted that the reference court committed error in relying on the decision in First Appeal No.1138/2006. The appellants argued that the compensation should be further enhanced.

Ratio Decidendi

The reference court's determination of market value based on a previous judgment of the High Court for similar land was correct and no interference is warranted. The compensation awarded is just and proper.

Judgment Excerpts

Since the issues raised in these appeals are similar, they are being decided by a common judgment. The learned reference court has awarded Rs.55/- per sq.mtr. for irrigated land and Rs.37/- per sq.mtr. for non-irrigated land. Learned advocate Mr.Tejas Satta submits that learned reference court has committed error in relying on the decision rendered by this Court in First Appeal No.1138/2006.

Procedural History

The Special Land Acquisition Officer passed an award under Section 11 on 20.10.1999. The claimants filed applications under Section 18 seeking enhancement. The reference court passed the judgment and decree on 19.08.2017 and 24.08.2017. The appellants filed the present first appeals before the High Court.