High Court of Gujarat
THE SPECIAL LAND ACQUISITION OFFICERversusLEGAL HEIRS OF LATE JESANGJI FULAJI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The appeal is dismissed on account of the smallness of the compensation amount, and the delay in filing the main matters is condoned.
Summary
The Special Land Acquisition Officer filed applications seeking condonation of delay, which the court granted, allowing the main matters to proceed. The first appeal concerned a compensation claim of less than Rs.5 lakh, which under a 2016 Government Resolution is treated as a petty claim to be disposed of in Lok Adalat. The court noted that such matters cannot wait for a Lok Adalat and must be dealt with in regular hearing. After hearing counsel, the court dismissed the appeal on the ground of the small amount involved, expressly stating that no legal issue was decided and the order should not be treated as precedent. The court also directed the return of any records and the disbursement of the deposited compensation, after verification, with interest.
Issues considered
- Whether delay in filing the main matters can be condoned.
- Whether a first appeal involving compensation below Rs.5 lakh should be entertained or dismissed under the State Government's policy.
- Whether dismissal of the appeal on the basis of smallness of amount constitutes a precedent on any legal issue.
Legislation cited
Subjects
condonation of delayland acquisitioncompensationpetty claimLok Adalatsmall claimappeal dismissal
Judgment
C/CA/2366/2026 ORDER DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2366 of
2026
In R/FIRST APPEAL/3129/2026
With
R/FIRST APPEAL NO. 3129 of 2026
With
R/CIVIL APPLICATION NO. 2368 of 2026
In
R/FIRST APPEAL NO. 3130 of 2026
With
R/FIRST APPEAL NO. 3130 of 2026
With
R/CIVIL APPLICATION NO. 2369 of 2026
In
R/FIRST APPEAL NO. 3131 of 2026
With
R/FIRST APPEAL NO. 3131 of 2026
With
R/CIVIL APPLICATION NO. 2371 of 2026
In
R/FIRST APPEAL NO. 3132 of 2026
With
R/FIRST APPEAL NO. 3132 of 2026
With
R/CIVIL APPLICATION NO. 2425 of 2026
In
R/FIRST APPEAL NO. 3133 of 2026
With
R/FIRST APPEAL NO. 3133 of 2026
==========================================================
THE SPECIAL LAND ACQUISITION OFFICER,AHMEDABAD
Versus
BABARJI ANDRAJI & ORS.
==========================================================
Appearance:
MS KINJAL VYAS, ASST. GOVERNMENT PLEADER for the Applicant(s) No.
1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Page 1 of 3
C/CA/2366/2026 ORDER DATED: 14/07/2026
Date : 14/07/2026
ORDER IN DELAY CONDONATION
Considering the averments made in the applications, the
same are allowed and delay caused in preferring main matters
stands condoned. Rule made absolute to the aforesaid extent.
ORDER IN FIRST APPEALS
In the first appeal, the amount of compensation involved
is below Rs.5 lakh.
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.
In the aforementioned GR, the State Government took
policy decision that the matter arise under the Land
Acquisition Act having involvement of stake of less than Rs.5
lakh has to be withdrawn in Lok Adalat. In view of such state
litigation policy, if a matter, which is supposed to be
withdrawn in Lok Adalat, cannot wait for disposal in
forthcoming Lok Adalat. Therefore, this matter needs to be
disposed of during regular hearing.
Having heard the submissions made at bar, the amount
Page 2 of 3
C/CA/2366/2026 ORDER DATED: 14/07/2026
involved in the subject matter of present First appeal 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 appeal, the Court is not inclined to entertain the
present appeal and therefore, present appeal stands
dismissed on account of smallness of amount. Consequently,
CA, if any, does not survive and stands disposed of
accordingly.
However, it is clarified that dismissal of present appeal
shall not be construed that the Court has decided any legal
issue involved in the subject matter of present appeal and
therefore, the decision of present appeal shall not be treated
as precedent for deciding any legal issue.
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 appellant after
deducting Court fee to the claimants after due verification and
identification along with interest and after verifying their
right to claim the compensation.
Registry to maintain copy of this order in each matter.
(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 14/07/2026 13:32:29
Page 3 of 3
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