Case Note & Summary
The present appeal was filed by the State of Gujarat through the Special Land Acquisition Officer and others, challenging the judgment and award dated 30.04.2010 passed by the learned Reference Court in Land Acquisition Reference No. 659 of 1999, which was part of a common award in LRC Nos. 652 to 667 of 1999. The land in question was situated in Village Karmali, Taluka and District Bharuch, and was acquired for the construction of the Shukla Tirth Branch Distributory Canal under the Narmada Project. The notification under Section 4 of the Land Acquisition Act, 1894 was published on 28.08.1997, followed by the Section 6 declaration on 21.05.1998. The Special Land Acquisition Officer passed an award under Section 11 on 22.02.1999, awarding compensation at Rs. 600/- per Are. Dissatisfied, the landowner filed an application under Section 18 seeking additional compensation. The Reference Court, relying on a previous decision in LAR No. 1710 of 1998 (where the Section 4 notification was dated 07.02.1996), determined the market value and awarded additional compensation at Rs. 37 per square metre. The State appealed under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure, 1908. The learned AGP Mr. Parth Patel submitted that the present appeal arose from the same award that was challenged in First Appeal No. 443 of 2026, which had already been dismissed on merits by this Court on 26.02.2026. The High Court, after considering the submissions and referring to the earlier decision, found no reason to interfere with the Reference Court's award and dismissed the appeal. The Court held that the Reference Court's reliance on the earlier comparable sale instance was appropriate and that the State failed to demonstrate any error in the determination of compensation.
Headnote
A) Land Acquisition - Market Value Determination - Comparable Sale Method - Sections 4, 6, 11, 18, 54 Land Acquisition Act, 1894 - The State appealed against the Reference Court's award of additional compensation at Rs. 37 per sqm for land in Village Karmali acquired for Narmada Project canal. The High Court dismissed the appeal, holding that the Reference Court's reliance on a previous decision in LAR No. 1710 of 1998 (with Section 4 notification dated 07.02.1996) was justified as the present notification was dated 28.08.1997, and no error was shown to warrant interference. (Paras 1-4)
Issue of Consideration
Whether the Reference Court's determination of additional compensation at Rs. 37 per square metre for land acquired under the Land Acquisition Act, 1894, based on a previous decision in LAR No. 1710 of 1998, was correct and warrants interference in appeal.
Final Decision
The High Court dismissed the appeal, upholding the Reference Court's award of additional compensation at Rs. 37 per square metre. The Court found no reason to interfere with the impugned judgment and award.
Law Points
- Land Acquisition Act
- 1894
- Section 4 notification
- Section 6 declaration
- Section 11 award
- Section 18 reference
- Section 54 appeal
- market value determination
- comparable sale method
- reliance on previous judgment
- dismissal of appeal on merits
Case Details
2026 LawText (GUJ) (03) 919
R/First Appeal No. 4473 of 2023 with Civil Application (For Stay) No. 1 of 2022
Parth Patel (AGP) for the Appellant(s) No. 1,2,3; Rule served for the Defendant(s) No. 1
Special Land Acquisition Officer & Ors.
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Nature of Litigation
First appeal 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 of the Reference Court determining additional compensation for land acquired for a public purpose.
Remedy Sought
The State (appellant) sought to set aside the Reference Court's award of additional compensation at Rs. 37 per square metre.
Filing Reason
The State was aggrieved by the Reference Court's determination of additional compensation, claiming it was excessive and based on an erroneous reliance on a previous decision.
Previous Decisions
The Reference Court had passed a common judgment and award in LRC Nos. 652 to 667 of 1999 on 30.04.2010, awarding additional compensation at Rs. 37 per sqm. The same award was challenged in First Appeal No. 443 of 2026, which was dismissed on merits on 26.02.2026.
Issues
Whether the Reference Court's reliance on the decision in LAR No. 1710 of 1998 (with Section 4 notification dated 07.02.1996) to determine market value for land acquired under Section 4 notification dated 28.08.1997 was justified.
Whether the State made out any grounds to interfere with the Reference Court's award of additional compensation at Rs. 37 per square metre.
Submissions/Arguments
Learned AGP Mr. Parth Patel submitted that the present appeal arises from the same award which was the subject matter of First Appeal No. 443 of 2026, where this Court dismissed the appeal on merits.
Ratio Decidendi
The High Court held that when a previous appeal arising from the same award has been dismissed on merits, and no new grounds are shown, the subsequent appeal must also be dismissed. The Reference Court's reliance on a comparable sale instance from a previous case with a proximate notification date was a valid method for determining market value under the Land Acquisition Act, 1894.
Judgment Excerpts
This appeal is preferred under Section 54 of the Land Acquisition Act, read with Section 96 of the Code of Civil Procedure, assailing the judgment and order dated 30.04.2010 passed by the learned Reference Court in LAR No. 652 of 1999, consolidated with LAR Nos. 652 of 1999 to 667 of 1999, whereby the learned Reference Court has determined additional compensation at the rate of Rs. 37/- per square metre for the land situated in Village Karmali, Taluka District Bharuch, acquired for the purpose of construction of the Shukla Tirth Branch Distributory Canal under the Narmada Project.
Having considered the submissions made by the learned AGP Mr. Patel, this Court referred to the decision dated 26.02.2026 passed in First Appeal No.443 of 2026, which is reproduced hereinbelow.
Procedural History
The Special Land Acquisition Officer passed an award under Section 11 on 22.02.1999. The landowner filed a reference under Section 18, which was decided by the Reference Court on 30.04.2010, awarding additional compensation at Rs. 37 per sqm. The State filed First Appeal No. 4473 of 2023 challenging that award. Meanwhile, another appeal (First Appeal No. 443 of 2026) arising from the same common award was dismissed on merits on 26.02.2026. The present appeal was heard and dismissed on 03.03.2026.
Acts & Sections
- Land Acquisition Act, 1894: 4, 6, 11, 18, 54
- Code of Civil Procedure, 1908: 96
