THE DEPUTY COLLECTOR, THE SPECIAL LAND ACQUISITION AND REHABILITATION (IRRIGATION) OFFICERversusLEGAL HEIRS OF TAPUBHAI MERUBHAI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
Appeals involving compensation below Rs.5 lakh are dismissed as petty claims, without deciding any substantive legal issue.
Summary
The State Government, via a 2016 Government Resolution, classified claims up to Rs.5 lakh as petty and directed that such matters be disposed of accordingly. In the present case, the Deputy Collector (Special Land Acquisition) sought compensation for the legal heirs, but the awarded amount was below Rs.5 lakh. The petitioners filed applications for condonation of delay and first appeals challenging the compensation award. The Court condoned the delay in filing the applications but, relying on the Government Resolution and the small quantum of the award, dismissed the first appeals on the ground of petty amount, expressly stating that no legal issue was decided and the dismissal should not be treated as precedent. The Court also directed the disbursement of the compensation, after verification and deduction of court fees and interest.
Issues considered
- Whether appeals involving compensation claims below Rs.5 lakh should be entertained despite the filing of appeals
- Whether dismissal of such appeals constitutes a decision on any substantive legal issue
Subjects
Judgment
C/CA/1581/2026 ORDER DATED: 09/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1581 of
2026
In R/FIRST APPEAL/1480/2026
With
R/FIRST APPEAL NO. 1480 of 2026
With
R/CIVIL APPLICATION NO. 1590 of 2026
In
R/FIRST APPEAL NO. 1481 of 2026
With
R/FIRST APPEAL NO. 1481 of 2026
==========================================================
DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION AND
REHABILITATION (IRRIGATION) OFFICER & ORS.
Versus
LEGAL HEIRS OF HEMUBHAI HARJIBHAI & ORS.
==========================================================
Appearance:
MR BHARAT VYAS, AGP for the Applicants in FA 1581/2026
MS URVASHI PUROHIT, AGP for the Applicants in FA 1590/2026
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 09/04/2026
ORDER IN DELAY CONDONATION
Considering the averments made in the applications, the
same are allowed and delay caused in preferring main matters
stands condoned.
ORDER IN FIRST APPEALS
In all the rst appeals, the amount of compensation
involved is below Rs.5 lakh.
Page 1 of 3
C/CA/1581/2026 ORDER DATED: 09/04/2026
The State Government vide GR dated 25.10.2016
through its Revenue Department, has resolved that claims
upto Rs.5 lakh are to be considered as petty claims and the
matters involving amount upto Rs.5 lakh be disposed of
accordingly.
Having heard the submissions made at bar by learned
AGP, the amount involved in the subject matter of present
First Appeals is on lower side i.e. less than Rs.5,00,000/- and
therefore, considering the smallness of the awarded amount
involved in the present appeals, the Court is not inclined to
entertain the present appeals and therefore, present appeals
stand dismissed on account of smallness of amount.
Consequently, CA, if any, does not survive and stands
disposed of accordingly.
However, it is clari ed that dismissal of present appeals
shall not be construed that the Court has decided any legal
issue involved in the subject matter of present appeals and
therefore, the decision of present appeals shall not be treated
as precedent for deciding any legal issue.
Registry to maintain copy of this order in each matter.
Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
The learned Reference Court is directed to disburse the
amount of compensation deposited by the State Government
Page 2 of 3
C/CA/1581/2026 ORDER DATED: 09/04/2026
after deducting Court fee to the claimants after due
veri cation and identi cation along with interest and after
verifying their right to claim the compensation.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 09/04/2026 15:54:08
Page 3 of 3
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