Case Note & Summary
The present appeal was filed by the State 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 20.06.2017 passed by the learned Principal Senior Civil Judge, Vijapur in Land Reference Case Nos.151 to 163 of 2015. The land in question was situated in Village Sardarpur, Taluka Vijapur, District Mehsana, and was acquired for the construction of the Dharoi Canal. The notification under Section 4 of the Land Acquisition Act was published on 25.03.2011, and the award under Section 11 was passed on 06.12.2013, determining the market value at Rs.31 per sq. mtr. for non-irrigated land. The Reference Court awarded additional compensation of Rs.555.73 per sq. mtr. The State, represented by learned AGP Mr. Parth Patel, argued that the compensation was excessive. However, the learned AGP fairly submitted that for the same village and common group, the coordinate bench of this Court had already dismissed the State's appeals in First Appeal Nos.1303 to 1305 of 2020 vide judgment dated 24.02.2025, which upheld the same Reference Court award. The Court noted that the respondent was served but remained unrepresented. The High Court, after hearing the AGP and considering the earlier decision, found that the present appeal is covered by the coordinate bench's judgment and dismissed the appeal with no order as to costs. The Court held that there is no merit in the appeal and no interference is warranted.
Headnote
A) Land Acquisition - Compensation - Market Value - Additional Compensation - Land Acquisition Act, 1894, Sections 4, 11, 54 - The State challenged the Reference Court's award granting additional compensation of Rs.555.73 per sq. mtr. for land acquired in Village Sardarpur for the Dharoi Canal project, where Section 4 notification was published on 25.03.2011 and Section 11 award determined market value at Rs.31 per sq. mtr. for non-irrigated land. The High Court dismissed the appeal, relying on a coordinate bench's judgment in related appeals (First Appeal Nos.1303-1305 of 2020) for the same village and common group, which had upheld the Reference Court's award. Held that no interference is warranted as the issue is covered by the earlier decision (Paras 1-4).
Issue of Consideration
Whether the Reference Court's award of additional compensation of Rs.555.73 per sq. mtr. for acquired land in Village Sardarpur for the Dharoi Canal project is justified and warrants interference by the High Court.
Final Decision
The High Court dismissed the appeal with no order as to costs, holding that the issue is covered by the coordinate bench's judgment dated 24.02.2025 in First Appeal Nos.1303-1305 of 2020, and no interference is warranted.
Law Points
- Land Acquisition Act
- 1894
- Section 54
- Section 4 notification
- Section 11 award
- market value determination
- additional compensation
- precedent binding coordinate bench
- dismissal of appeal for lack of merit
Case Details
R/First Appeal No. 1302 of 2020
Parth Patel (AGP for appellants), Not mentioned for respondent
Special Land Acquisition Officer & Anr.
Pathan Alamkhan Yasinkhan
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
First appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of CPC challenging the Reference Court's award of additional compensation.
Remedy Sought
The appellants (State) sought to set aside the Reference Court's judgment and award dated 20.06.2017 granting additional compensation of Rs.555.73 per sq. mtr.
Filing Reason
The State was aggrieved by the Reference Court's award of additional compensation for land acquired for the Dharoi Canal project.
Previous Decisions
The Reference Court (Principal Senior Civil Judge, Vijapur) partly allowed the land reference cases and awarded additional compensation of Rs.555.73 per sq. mtr. in Land Reference Case Nos.151 to 163 of 2015.
Issues
Whether the Reference Court's award of additional compensation of Rs.555.73 per sq. mtr. is justified and warrants interference by the High Court.
Submissions/Arguments
Learned AGP Mr. Parth Patel for the appellants submitted that for the same village and common group, the coordinate bench of this Court had dismissed the State's appeals in First Appeal Nos.1303-1305 of 2020 vide judgment dated 24.02.2025, which upheld the same Reference Court award, and therefore the present appeal is covered by that decision.
Ratio Decidendi
The High Court dismissed the appeal on the ground that the issue of additional compensation for the same village and common group had already been decided by a coordinate bench in First Appeal Nos.1303-1305 of 2020, which upheld the Reference Court's award. The present appeal being covered by that decision, no interference is warranted.
Judgment Excerpts
The present appeal is filed under Section 54 of the Land Acquisition Act, 1894 and read with Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and award passed by the learned Reference Court dated 20.06.2017 in Land Reference Nos.151 to 163 of 2015, whereby the learned Reference Court has awarded additional compensation of Rs.555.73/- per sq. mtr. for the land acquired pertaining to Village - Sardarpur, Taluka - Vijapur, District Mehsana for the project of construction of Dharoi Canal where notification under Section 4 was published on 25.03.2011 and the award under Section 11 came to be passed on 06.12.2013, determining the market value at the rate of Rs.31/- per sq. mtr. for non-irrigated land.
At the outset, learned AGP Mr. Parth Patel fairly submits that for the same village and common group where the impugned award is under challenge, the first appeals which were filed, being First Appeal Nos.1303 to 1305 of 2020, by the State whereby this Court has dismissed the first appeals vide judgment dated 24.02.2025, this Court has referred to the decision rendered by the Coordinate Bench of this Court in the above first appeals, wherein it is observed as under :-
Procedural History
The land acquisition process commenced with Section 4 notification on 25.03.2011. The Section 11 award was passed on 06.12.2013 determining market value at Rs.31 per sq. mtr. The claimant sought reference, and the Reference Court (Principal Senior Civil Judge, Vijapur) partly allowed the reference in Land Reference Case Nos.151 to 163 of 2015 vide judgment and award dated 20.06.2017, granting additional compensation of Rs.555.73 per sq. mtr. The State filed the present first appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of CPC. The High Court heard the appeal on 18.02.2026 and dismissed it, relying on its earlier judgment dated 24.02.2025 in First Appeal Nos.1303-1305 of 2020.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 11, Section 54
- Code of Civil Procedure, 1908: Section 96
