Case Note & Summary
The case involves a first appeal filed by the Executive Engineer, Gujarat Housing Board, challenging a judgment and award dated 16.04.2024 passed by the Learned 2nd Additional Senior Civil Judge, Dholka, in Common Land Acquisition Case Nos. 329 of 2015 and 330 of 2015. The acquisition proceedings were initiated for land in Village Rampur, Taluka Dholka, District Ahmedabad, for the Gujarat Housing Board's Avas Yojna scheme. A notification under Section 4 of the Land Acquisition Act, 1894 was issued on 14.10.1995, followed by a Section 6 declaration on 18.09.1996, and an award under Section 11 on 08.09.1998, determining market value at Rs. 8.00 per square meter. Dissatisfied, the claimants sought a reference under Section 18 for enhancement. The Reference Court, relying on a previous High Court judgment in First Appeal Nos. 1911-1920 of 2005 dated 19.09.2011 for the same village, granted additional compensation of Rs. 94.50 per square meter. The appellant argued that the Reference Court erred in relying on that judgment. The High Court heard arguments from Mr. Y. N. Ravani for the appellant and Mr. G. M. Amin for the defendant. The court found no merit in the appeal, noting that the Reference Court correctly applied the precedent. The appeal was dismissed with no order as to costs, and the civil application for stay was disposed of accordingly.
Headnote
A) Land Acquisition - Compensation Enhancement - Section 18, Land Acquisition Act, 1894 - Reference Court granted additional compensation of Rs. 94.50 per square meter relying on High Court judgment in First Appeal Nos. 1911-1920 of 2005 dated 19.09.2011 for same village - Held that the Reference Court correctly applied the precedent and no interference is warranted (Paras 1-5).
B) Land Acquisition - Appeal - Section 54, Land Acquisition Act, 1894 read with Section 96, CPC - Appellant challenged award of additional compensation - Held that the appeal lacks merit and is dismissed (Paras 1, 5).
Issue of Consideration
Whether the Reference Court erred in granting additional compensation of Rs. 94.50 per square meter based on a previous High Court judgment for the same village, and whether the appeal is maintainable.
Final Decision
The appeal is dismissed. No order as to costs. The civil application for stay stands disposed of.
Law Points
- Land Acquisition Act
- 1894
- Section 54
- Section 18
- Section 4
- Section 6
- Section 11
- Code of Civil Procedure
- 1908
- Section 96
- Market value determination
- Enhancement of compensation
- Precedent binding nature
Case Details
2026 LawText (GUJ) (02) 968
R/First Appeal No. 598 of 2026 with Civil Application (For Stay) No. 1 of 2025
Y. N. Ravani for Appellant, G. M. Amin for Defendant
Executive Engineer, Gujarat Housing Board
LHS of Deceased Abdul Rahim Nabibhai Ganchi & Ors.
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Nature of Litigation
First appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of CPC challenging the award of additional compensation by the Reference Court.
Remedy Sought
Appellant sought to set aside the judgment and award of the Reference Court granting additional compensation of Rs. 94.50 per square meter.
Filing Reason
Appellant was aggrieved by the Reference Court's award of additional compensation based on a previous High Court judgment.
Previous Decisions
Reference Court in Common Land Acquisition Case Nos. 329 of 2015 and 330 of 2015 (old LAR Nos. 476 of 2002 and 475 of 2002) decided on 16.04.2024 granted additional compensation of Rs. 94.50 per square meter.
Issues
Whether the Reference Court erred in granting additional compensation of Rs. 94.50 per square meter based on a previous High Court judgment for the same village.
Submissions/Arguments
Learned advocate Mr. Ravani for the appellant submitted that the Learned Reference Court committed an error in relying on the previous High Court judgment.
Ratio Decidendi
The Reference Court correctly relied on a previous High Court judgment for the same village to determine compensation, and no interference is warranted in appeal.
Judgment Excerpts
This appeal is preferred 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 passed by the Learned 2nd Additional Senior Civil Judge, Dholka, in Common Land Acquisition Case Nos. 329 of 2015 and 330 of 2015...
The Learned Reference Court, relying upon the judgment rendered by this Court in First Appeal Nos. 1911 of 2005 to 1920 of 2005 dated 19.09.2011, pertaining to acquisition of land in the same village, granted compensation as stated above...
Procedural History
Acquisition proceedings initiated in 1995-1996; award under Section 11 on 08.09.1998; claimants sought reference under Section 18; Reference Court decided on 16.04.2024 granting additional compensation; appellant filed First Appeal No. 598 of 2026 on 20.02.2026.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 6, Section 11, Section 18, Section 54
- Code of Civil Procedure, 1908: Section 96
