C/FA/1862/2012(GJHC240394812012) JUDGMENT DATED: 01/09/2026

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 1862 of 2012

With

R/FIRST APPEAL NO. 2910 of 2014

With

R/FIRST APPEAL NO. 3148 of 2014

With

R/FIRST APPEAL NO. 3149 of 2014

With

R/FIRST APPEAL NO. 3150 of 2014

With

R/FIRST APPEAL NO. 68 of 2015

With

R/FIRST APPEAL NO. 70 of 2015

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA

and

HONOURABLE MR. JUSTICE R. T. VACHHANI

================================================================

Approved for Reporting Yes No

================================================================

SHAH RAMESHBHAI AMRUTLAL

Versus

SPECIAL LAND ACQUISITION OFFICER & ANR.

================================================================

Appearance: First Appeal No. 1862 of 2012

MR.PINANK J RAIYANI(10166) for the Appellant(s) No. 1

MS. SURBHI BHATI, AGP for the Defendant(s) No. 1

MR AKSHAT KHARE FOR MOSON LE EXPARTS(11071) for the

Defendant(s) No. 2

Appearance: First Appeal No. 2910 of 2014

MR. AV PRAJAPATI for the Appellant(s) No. 1

MS. SURBHI BHATI, AGP for the Defendant(s) No. 1

MS AISHWARYA REDDY WITH MS NEHA MUKHARJEE for Trivedi & Gupta

for the Defendant(s) No. 2

Appearance: First Appeal No. 3148, 3149, 3150 of 2014

MR.AV PRAJAPATI for the Appellant(s) No. 1

MS. SURBHI BHATI, AGP for the Defendant(s) No. 1

MR NIYATI CHAUHAN WITH MR RUTURAJ MEENA for the Defendant No. 2

Appearance: First Appeal No. 68 of 2015 & 70 of 2015

MS. AISHWARYA GUPTA WITH NEHA MUKHARJEE for Trivedi & Gupta for

the Appellant

MR YH MOTIRAMANI for the Defendant

================================================================

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C/FA/1862/2012(GJHC240394812012) JUDGMENT DATED: 01/09/2026

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

and

HONOURABLE MR. JUSTICE R. T. VACHHANI

Date : 01/09/2026

COMMON ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1.Since the issues raised in the captioned appeals are same, the

appeals are being disposed of by this common judgment and order.

2.The respondents Oil and Natural Gas Corporation Ltd (‘ONGC’

for short), for the purpose to establish their drilling project, had

proposed to acquire different parcels of lands situated in the district

: Mehsana, Gujarat.

3.In the present case, the Special Land Acquisition Officers, ONGC

being acquiring body, had acquired the lands of village:

Ambaliyara, Kadi, Dist.: Mehsana for the purpose of drilling

project (JRAI).

4.The captioned appeals under Section 54 of the Land Acquisition

Act (for short, ‘L.A. Act’),

5.Being dissatisfied with the orders of the Land Reference Courts,

the captioned Appeal Nos.1862 of 2012, 2910 of 2014, 3148 of

2014, 3149 of 2014, 3150 of 2014 are being filed by the Land

Owners for further enhancement of the amount of compensation,

whereas, First Appeal Nos. 68 of 2015 and 70 of 2015 are being

filed by the acquiring body i.e. ONGC against the Award of the

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Land Reference Court.

6.Brief facts giving rise to file the appeals are as follows:

7.(i) First Appeal No. 1862 of 2012:

This appeal by the Land Owner Shah Ramesh Amrutlal is

directed against the judgment and award dated 30.07.2011 passed

in Land Acquisition Reference Case No. 474 of 2009, wherein, the

market value at the rate of Rs.69/- per sq.mt was being determined

for the land situated at village: Ambaliyara.

The necessary details of acquisition are as follows :

A notification dated 12.03.2003 under Section 4 (1) of the

L.A. Act was published for the acquisition of the land under

acquired, followed by the declaration under Section 6 of the L.A.

Act. The Land Acquisition Officer, vide Award dated 19.01.2004,

awarded compensation at the rate of Rs.18=70ps per sq. mt. The

land owner being dissatisfied with the amount of compensation,

sought Reference under Section 18 of the L.A. Act claiming

enhancement of the compensation.

Before the Reference Court, the land owner Ramesh

Amrutlal was examined at Exh. 17 and has produced the previous

judgments of village: Meda Adaraj and Merda at Exhs. 15 and 16.

The Reference Court vide order dated 30.07.2011 after

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determining the market value on the basis of previous judgment

(LAR No. 1791 of 2003 to 1800 of 2003), with respect to village:

Meda Adaraj, determined the market value at the rate of Rs.69/-

per sq.mt. for the land under acquired and enhanced the amount of

compensation along with the statutory benefits.

The appellant – land owner has preferred the appeal against

the judgment and award of the Reference Court, as according to

him, the market value determined is inadequate, unfair and unjust.

(ii) First Appeal No. 2910 of 2014:

This appeal by the land owner Thakore Viramji Magnaji has

been filed against the common judgment and award dated

04.04.2024 passed in LAR case No. 115 of 2013 and 172 of 2013,

whereby, the market value of the land under acquired situated at

village: Ambaliyara was determined at the rate of Rs.69/- on the

basis of previous judgment passed in LAR Case No. 474 of 2009,

disposed of on 30.07.2011 by the Civil Judge, Mehsana. The

appellant is the claimant of LAR No. 172 of 2013.

The necessary details of acquisition are as follows:

A notification dated 15.03.2003 under Section 4 (1) of the

L.A. Act was published for the acquisition of the land under

acquired, followed by the declaration under Section 6 of the L.A.

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Act. The Land Acquisition Officer, vide Award dated 19.01.2004,

awarded compensation at the rate of Rs.18=70ps per sq. mt. The

land owner being dissatisfied with the amount of compensation,

sought Reference under Section 18 of the L.A. Act claiming

enhancement of the compensation.

Before the Reference Court, the land owner Thakore

Viramji Magnani was examined and has produced the previous

judgments of village: Ambaliyara at Exh. 17 & 37, village :

Laxmanpura at Exh. 26, village: Merda at Exh. 27, 28, village:

Meda Adaraj at Exh. 29, 35 & 36, village: Bhimasan at Exh. 31,

32.

The Reference Court vide judgment and order dated

04.04.2014 after determining the market value on the basis of

previous judgment (LAR No. 474 of 2009 dated 30.07.2011), with

respect to village: Ambaliyara, determined the market value at the

rate of Rs.69/- per sq.mt. for the land under acquired and enhanced

the amount of compensation along with the statutory benefits.

The appellant – land owner has preferred the appeal

against the judgment and award of the Reference Court, as

according to him, the market value determined is inadequate, unfair

and unjust.

(iii) First Appeal Nos. 3148, 3149 & 3150 of 2014 :

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The appellants being land owners of the village : Ambaliyara, have

challenged the common judgment and award passed in group of

cases being LAR No. 141 of 2013, 142 of 2013 and 143 of 2013,

have preferred the aforementioned Appeals challenging the

judgment and award dated 03.04.2014 passed by the Civil Judge,

Mehsana, wherein, the market value of the lands under acquired

was enhanced at the rate of Rs. 69/- per sq.mt.

The necessary details of acquisition are as follows:

A notification dated 27.04.1999 under Section 4 (1) of the

L.A. Act was published for the acquisition of the land under

acquired, followed by the declaration under Section 6 of the L.A.

Act. The Land Acquisition Officer, vide Award dated 07.11.2001,

awarded compensation at the rate of Rs.22/- per sq. mt. The land

owners being dissatisfied with the amount of compensation, sought

Reference under Section 18 of the L.A. Act claiming enhancement

of the compensation.

Before the Reference Court, the land owner Thakore

Babuji Bhaluji was examined at Exh. 17 and has produced the

previous judgments of village: Meda Adaraj at Exh. 22, 23, 34,

village: Merda at Exhs. 32, 33, 35, 36, 38, 39 and village: Kadi at

Exh. 40. The opponent has examined Ramesh Vagabhai Bariya as

Land Acquisition Officer at Exh. 41 and Sanadkumar Ganpatram at

Exh. 44 and relied upon previous judgment at Exh. 49 (474 of

2009).

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The Reference Court vide judgment and order dated

03.04.2014 after determining the market value on the basis of

previous judgment (LAR No. 474 of 2009 dated 30.07.2011), with

respect to village: Ambaliyara and deducting 10% amount on

account of gap of two notifications, determined the market value at

the rate of Rs.42=55ps. per sq.mt. (Rs.69=00 – Rs.26.45ps) for the

land under acquired and enhanced the amount of compensation

along with the statutory benefits.

The appellants – land owners have preferred the captioned

appeals against the judgment and award of the Reference Court, as

according to them the market value determined is inadequate,

unfair and unjust.

(iv) First Appeal No. 68 of 2015 & 70 of 2015:

These Appeals at the instance of acquiring body, directed

against the common judgment and award passed in group of Land

Acquisition Matters being 115 of 2013 and 172 of 2013, whereby,

the Reference Court has determined the market value at the rate of

Rs.69/- per sq.mt. for the lands under acquired with respect to

village: Ambaliyara. It is relevant to note that, the land owners

have also challenged the Award of the Reference Court by filing

appeal being First Appeal No. 2910 of 2014, which is also subject

matter of this group of appeals.

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8.We have heard learned counsel Mr. Pinank Raiyani, Mr. A.V.

Prajapati, Mr. Y. H. Motiramani, Mr. Akshat Khare, Ms.

Aishwarya Gupta, Ms. Surbhi Bhati, learned AGP, Ms. Niyati

Chauhan for Mr. Rituraj Meena for the respective parties.

9.Mr. A.V. Prajapati and Mr. Pinank Raiyani, learned advocates

appearing for and on behalf of the land owners made the following

submissions :

(i)That the determination of the fair market value having not

been properly undertaken by the Land Reference Court and

additional amount of Rs.50=30ps awarded is inadequate.

(ii)That after the award passed in LAR No. 474 of 2009, the

previous judgments of the village: Merda were produced

before the Reference Court in the group of matters, which

are subject matter of the Appeals having not been properly

considered and no any reason having been assigned for

discarding the market rate fixed in the previous judgments

with respect to land acquired of the nearby villages;

(iii)Heavy reliance being placed on the previous judgment

passed in LAR Case No. 5373 of 2003 produced in LAR

Case No. 115 of 2013 and 172 of 2013 at Exh. 28 with

respect to village: Merda, wherein, the market rate of

Rs.100/- per sq.mt. as additional amount being considered

by the Reference Court and this is the best exemplar

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available on record. However, fact remains that, said

exemplar was not available at the time of deciding the LAR

Case No. 474 of 2009, but the previous judgment of LAR

Case No. 5371 of 2003 of village: Merda, wherein, market

rate at Rs.108/- fixed, was available on record. Thus, the

Reference Court failed to appreciate the settled law on the

subject of determination of market value, where more than

one exemplar is available on record, the land owner is

entitled to highest comparable value that the evidence

legitimately supports.

10.In such circumstances, it has been urged that, the compensation

awarded in the LAR Case No. 474 of 2009 (First Appeal No. 1862

of 2012) and other allied matters, is not adequate and deserve

further enhancement on the basis of previous judgment delivered in

case of Land Reference Case No. 5373 of 2003 Exh. 28 produced

in LAR Case No. 115 of 2013 and others (First Appeal No 2910 of

2014).

11.On the other hand, learned counsel appearing for the acquiring

body vehemently opposed the prayer for enhancement and made

the following submissions :

(i)That the Reference Court has relied on the previous

judgment Exh. 15 (LAR No. 1791 to 1800, date of

judgment : 19.03.2008 of village : Meda Adaraj, which is

adjoining to village: Ambaliyara). The Section 4 notification

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in village: Meda Adaraj was published on 05.04.2003 and in

the present case, for village : Ambaliyara, published on

12.03.2003 and therefore, the Reference Court has rightly

relied on the previous judgment as referred above to

determine the market value of the lands under acquisition

and therefore, the compensation granted is fair and it needs

no further indulgence by this Court.

(ii)That, the market rate for village : Merda now has been

settled by Division Bench of this Court. In First Appeal No

3531 of 2011 and allied matters, vide judgment and order

dated 06.08.2015, the market rate for the village: Merda has

been finalized at Rs.44/- per sq.mt. The notification issued

on 31.12.1998, and considering the gap of four years, the

further rise of 10% of each year can be given, which would

come to Rs.62=34ps and the said amount, is less than the

amount awarded by the Reference Court in impugned

judgment and award for village: Ambaliyara and therefore,

the exemplar of previous judgment passed in LAR Case No.

5373 of 2003 cannot be taken as a comparable instance to

enhance the market rate.

(iii)That, as per the map Exh. 21, the Land Reference Court has

observed that the outskirts of village: Ambaliyara and Meda

Adaraj are common and the boundary of village: Merda

having not been considered as an adjacent village. The

Notification of the relied previous judgment under Section 4

was issued on 22.04.1999 and in the present case, on

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12.03.2003 and in that view of the matter, the relied

judgment cannot be said to be the best exemplar to

determine the market rate afresh.

12. Ms. Aishwarya Gupta, learned advocate, appearing for the

acquiring body, who has challenged the impugned judgment and

award by preferring the First Appeal, has submitted that the

Reference Court has committed an error while relying upon the

previous judgment in case of LAR No. 1791 to 1800 of 2003. The

relied judgment is pertaining to village: Meda Adaraj and as per

the map, there was a distance of 5 Km between village:

Ambaliyara and village: Meda Adaraj and therefore, while relying

upon the judgment of Division Bench dated 06.8.2015 passed in

First Appeal No. 3531 of 2011, it was submitted that the market

rate of land acquired of village: Ambaliyara cannot be exceeded

upto Rs. 44/-.

13.Having heard learned advocates for the respective parties and upon

re-appreciation of the evidence on record, the issue falls for our

consideration as to whether the market rate determined by the Land

Reference Court is fair and adequate?

Findings and Analysis:

First Appeal No.1862 of 2012

This First Appeal arise out of the judgment and award

passed in LAR No.474 of 2009, whereby the Land Reference

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Court vide its judgment dated 30.07.2011, determined the

compensation at the rate of Rs.50=30 in addition to the

compensation awarded by the LAO at the rate of Rs.18.70. Before

the Reference Court, the claimants have mainly relied on two

previous judgments Exhs.15 and 16. Exh.15 pertains to Village

Meda – Adaraj, Tal.: Kadi, whereas Exh.16 relates to Village:

Merda. As per the village map, the boundaries of villages viz.

Merda, Meda Adaraj, Ambaliyara and Laxmanpura are seem to be

connecting each other and distance from one village to another

would approximately 5 Kms. Before the Reference Court, no any

sale instances being produced by the claimants. The only evidence

available is previous judgments delivered by the Land Reference

Court. The Reference Court mainly relied on the previous

judgment Exh.15 delivered in LAR Case Nos.1791 to 1800 of

2003, wherein the additional amount was considered at the rate of

Rs.49=75 per sq. meter. The second judgment Exh.16 delivered by

Reference Court in LAR No.5371 of 2003 and 5372 of 2003,

wherein the market rate at the rate of Rs.108/- per sq. mt. was

determined. Despite of this, the Reference Court, in our opinion,

discarded the previous judgments Exh.16 for which, no justifiable

reason being assigned by the Reference Court. It is settled position

of law that where more than one exemplar available on record, the

land owner is entitled to the benefit of highest comparable value.

The only difference we could find is the different dates of Section

4 Notification. In Exh.15, the date of notification was 05.04.2003

and in Exh.16, it was 28.08.1999. In such circumstances, while

determining the market rate of the land under acquired, the higher

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comparable instance in the form of previous judgment Exh.16

would be relevant indicator for fixing the market rate. The

justification given by the Land Reference Court for discarding the

previous judgment Exh.16 is not convincing and not acceptable

because the villages as referred are under the periphery of 5 Kms.

and therefore, based on the boundary of outskirt of villages, the

best exemplar cannot be discarded. It is relevant to note that the

judgment Exh.16 LAR No.5371 of 2003 and allied matters came

to be challenged by way of First Appeal No.1612 of 2009. In the

First Appeal, vide judgment dated 25.11.2025, the learned Single

Judge of this Court, considering the subsequent award passed by

the Land Reference Court, the matters have been remitted back to

the Reference Court for fresh decision. However, facts remain that

the award passed in LAR No.5373 of 2003, with respect to Village

Merda, whereby the additional amount of compensation of

Rs.100/- per sq. meter, attains finality as the acquiring body has

accepted the judgment. In such circumstances, we are of the

considered opinion that in order to determine fair market value of

lands under acquired the judgment Exh.28, passed in LAR

No.5373 of 2003 produced in F.A. No.2910 of 2014 (LAR No.115

of 2013) would be the best and relevant indicator to determine the

market value. In the present case, the Land Reference Court has

committed an error while relying on the previous judgment of

Exh.15 and wrongly discarded the Exh.16 previous judgment

which is relevant indicator for fixing market value.

It is the contention of the acquiring body that the market rate of

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the Village Merda has been settled by the Division Bench in First

Appeal No.3531 of 2011 and the same is required to be followed in

the present case also. We do not find any substance in the

arguments. It is evident that the previous judgment Exh.28

rendered in the LAR No.5373 of 2003 has been accepted by the

acquiring body and it attains the finality. Thus, therefore, as per the

settled position of law, we cannot ignore the higher comparable

value reflected in the previous judgment as referred above. It has

been contended that due to the smallness of the amount, the

corporation did not have challenged the award. In our opinion,

once the award attains finality then irrespective of amount, it has to

be accepted as a best indicator in deciding the market value of the

lands under acquired.

For the reasons recorded, the claimants of First Appeal

No.1862 of 2012 is entitled for the additional amount of

compensation at the rate of Rs.100/-. We also add 30% the said

amount because of three years gap of two notifications which

further increased the amount at the rate of Rs.130/- in addition to

the award, awarded by SLO at the rate of Rs.18=70 along with the

statutory benefits including the interest awarded by the Land

Reference Court.

First Appeal No.2910 of 2014

This First Appeal arise out of the judgment and award

passed in LAR Nos.115 of 2003 and 172 of 2013. The Land

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Reference Court vide its judgment dated 04.04.2014, determined

the market value of Rs.50=30 sq. meter for the land under acquired

situated at Village Ambaliyara, in addition to the compensation of

RS.18=70 awarded by the SLO. Before the Land Reference Court,

the previous judgments Exhs.26 to 37, delivered by the Land

Reference Court with respect to Village Laxmanpura, Merda,

Meda, Adaraj and Ambaliyara were being relied upon by the

claimants. The Land Reference Court discarded the other

exemplars in the form of judgments and accepted its own judgment

Exh.37 delivered in LAR Case No.474 of 2009. In our opinion,

after perusal of the relied judgments, the Land Reference Court

without any justification discarded the higher value of exemplar.

Exh.28 is the previous judgment passed in LAR No.5373 of 2003

wherein the market rate of Rs.100/- being considered by the Land

Reference Court and the said judgment has attained finality. We

have discussed at length in the preceding para of the judgment

about acceptability of the previous judgment Exh.28 with respect

to the determination of the market value of the land under acquired

and thus, the further discussion on this aspect, is not necessary.

Thus, therefore, the market rate on the basis of Exh.37 determined

by the Reference Court is contrary to the evidence on record and

findings to this effect are not based on the settled principle of law.

Thus, therefore, the fair market rate of the land under acquired in

the present case, would be Rs.100/- per sq. meter. We also add

30% the said amount because of three years gap of two

notifications which further increased the amount at the rate of

Rs.130/- in addition to the award, awarded by SLO at the rate of

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Rs.18=70 along with the statutory benefits including the interest

awarded by the Land Reference Court.

First Appeal Nos.3148, 3149 and 3150 of 2014

This First Appeals arise out of the common judgment and

award passed in LAR Nos.141 to 143 of 2013. The Land Reference

Court vide its common judgment dated 03.04.2014, determined the

market value of Rs.21/- sq. meter for the land under acquired

situated at Village Ambaliyara, in addition to the compensation of

Rs.22/- awarded by the SLO. In the present case, the Land

Reference Court, by relying upon the previous judgment delivered

by him in LAR Case No.474 of 2009 (Exh.22) has determined the

market rate, at the rate of Rs.69/- per sq. meter and considering the

date of two notifications i.e. 27.04.1999 for the land under

acquired and 12.06.2003 for the land pertaining to the previous

judgment, and amount awarded by the SLO in LAQ No.985/97, the

deduction was made and accordingly, the additional amount of

Rs.21/- came to be determined (Rs.69=00–26= Rs.45 = Rs.42.55 –

22=00 = Rs.20=55).

On appreciation of the evidence, and material placed on

record, in our opinion, the Reference Court has not properly

determined the market value of the land under acquired. The

claimants have relied upon the previous judgments Exh.29, 32 to

39 and Exh.40 passed in difference land reference cases of the

Village Meda, Adaraj, Merda, Laxmanpura, etc. However, with the

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predetermination, the Reference Court stick to his own judgment

and determined the market rate at the rate of Rs.69/- and after

deduction as referred above, awarded Rs.21/- per sq. meter. As

discussed in the earlier preceding para of this judgment, the best

exemplar of the higher value was available and as per the settled

law, the claimant is entitled to the higher comparable value and

therefore, the best indicator in the form of previous judgment

Exh.28 passed in LAR Case No.5373 of 2003, whereby Rs.100/-

per sq. meter was being considered as a fair market rate under the

land acquired of Village Merda and the said judgment has attained

the finality as it has not been challenged by the acquiring body. In

such circumstances, the market rate of the land under acquired can

be considered at the rate of Rs.100/- per sq. meter and accordingly,

it has been determined as additional amount of compensation. It is

relevant to note that in the present case, Section 4 Notification

issued on 27.04.1999 and Notification of Village Merda (judgment

Exh.28 – LAR Case No.5373 of 2003) issued on 22.04.1999. Thus,

therefore, there is no need to reduce or increase the amount

because in the same year, the lands were acquired by the authority.

Therefore, the claimants are entitled to get additional amount of

compensation of Rs.100/- in addition to the awarded by the

Special Land Acquisition Officer along with the statutory benefits

and interest.

First Appeal Nos.68 of 2015 and 70 of 2015

Both the appeals having been filed by the acquiring body

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against the judgment and award passed in LAR No.172 of 2013

and 115 of 2013. We have already awarded the additional amount

to the claimants in their respective appeals and therefore, we do not

find any merits in the present appeals and accordingly, both these

appeals stand dismissed.

Mr. Y.H. Motiramani appearing for the respondents in First

Appeal No.70 of 2015, has submitted that the respondents, though

have not filed the enhancement appeal, however, as per the Order

41 Rule 33 of the CPC , they are entitled for the additional amount

of compensation. We are in full agreement with the contentions

raised by Mr.Motiramani. The respondents being claimants were

party to the LAR No.115 of 2013. We have already awarded

additional amount of compensation at the rate of Rs.100/- with the

addition of 30% i.e. total Rs.130/- per sq. meter in the First Appeal

No.2910 of 2014. Thus, therefore, the respondents herein i.e.

respondent nos.3 to 5 are entitled for additional amount of

compensation of Rs.130/- in addition to the amount awarded by

SLO along with the statutory benefits and interest.

14.For the reasons recorded, the captioned First Appeal Nos.1862 of

2012, 2910 of 2014, 3148 of 2014, 3149 of 2014 and 3150 of 2014

are partly allowed and the impugned judgment and award is

modified as per the discussions made in Para-13 of this judgment.

The appeals filed by the acquiring body i.e. First Appeal Nos.68 of

2015 and 70 of 2015 are accordingly, dismissed. It is made it clear

that the respondents of First Appeal No. 70 of 2015 are entitled for

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enhanced amount of compensation as discussed hereinabove and

all the parties are liable for deficit court fees, if any. Wherever the

amounts as awarded are deposited, the same shall be released to

the land owners. The amount deposited during the pendency of the

appeals, is permitted to be withdrawn by the land owners with

interest occurred thereon, if not already withdrawn. There shall be

no order as to costs. Records and proceedings be transmitted to the

Reference Court forthwith. Registry is directed to keep the copy of

this judgment in each matter.

(ILESH J. VORA,J)

(R. T. VACHHANI, J)

P.S. JOSHI.

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