Case Note & Summary
The case involves a First Appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, filed by the Executive Engineer (appellant) against the judgment and award dated 16.01.2024 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 was for the Gujarat Housing Board's Avas Yojna scheme for land in Village Rampur, Taluka Dholka, District Ahmedabad. A notification under Section 4 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 fixing 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 this Court's judgment in First Appeal Nos. 1911-1920 of 2005 dated 19.09.2011 (pertaining to the same village), awarded additional compensation of Rs. 94.50 per square meter. The appellant challenged this, arguing that the Reference Court erred. The High Court heard learned advocates Mr. Y.N. Ravani for the appellant and Mr. G.M. Amin for the defendant. The Court noted that the Reference Court had correctly followed the precedent set by this Court in the earlier appeals, which was binding. The Court found no merit in the appeal and dismissed it, upholding the additional compensation. The judgment was delivered on 16.02.2026 by Honourable Mrs. Justice M.K. Thakker.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Land Acquisition Act, 1894, Sections 4, 6, 11, 18, 54 - The appeal challenged the Reference Court's award enhancing compensation from Rs. 8.00 to Rs. 94.50 per sqm for land acquired in Village Rampur for Gujarat Housing Board project. The High Court upheld the award, finding that the Reference Court correctly relied on its earlier judgment in First Appeal Nos. 1911-1920 of 2005 dated 19.09.2011, which dealt with the same village and similar acquisition. Held that the Reference Court's reliance on a binding precedent was proper and no interference was warranted (Paras 1-6).
Issue of Consideration
Whether the Learned Reference Court erred in granting additional compensation of Rs. 94.50 per square meter based on a previous judgment of this Court pertaining to the same village acquisition.
Final Decision
The High Court dismissed the appeal, upholding the Reference Court's award of additional compensation of Rs. 94.50 per square meter.
Law Points
- Land Acquisition
- Compensation Enhancement
- Reference Court
- Market Value Determination
- Precedent
