High Court of Gujarat

DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION)versusGIRISHKUMAR VASHRAMBHAI

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: C DOSHI

Holding

Appeals concerning compensation below Rs.5 lakh are dismissed as petty claims, while the delay in filing the main matters is condoned.

Summary

The State Government, through its Revenue Department, issued a resolution classifying claims up to Rs.5 lakh as petty claims to be disposed of expeditiously. The applicants sought condonation of delay in filing their main matters and filed first appeals challenging compensation awards below Rs.5 lakh. The Court considered the government resolution and the modest quantum of compensation involved. It granted condonation of delay, allowing the applications to proceed. However, the Court dismissed the first appeals on the ground that the amount involved was less than Rs.5 lakh, deeming the appeals inadmissible as petty claims. The dismissal was expressly stated not to set any legal precedent. The reference court was directed to disburse the compensation after deductions and verification.

Issues considered

Whether appeals involving compensation amounts below Rs.5 lakh should be entertained by the Court
Whether delay in preferring the main matters can be condoned

Subjects

Land acquisitionCompensationPetty claimsDelay condonationFirst appeal dismissalGovernment resolution

Judgment

     C/CA/1649/2024                                 ORDER DATED: 13/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1649 of
                            2024

                          In R/FIRST APPEAL/1516/2026

                                     With
                        R/FIRST APPEAL NO. 1516 of 2026
                                     With
                      R/CIVIL APPLICATION NO. 5147 of 2025
                                       In
                        R/FIRST APPEAL NO. 1517 of 2026
                                     With
                        R/FIRST APPEAL NO. 1517 of 2026
==========================================================
                  SPL. LAND ACQUISITION OFFICER & ANR.
                                  Versus
                         BADARJI SHAKRAJI & ORS.
==========================================================
Appearance:
MS DHWANI TRIVEDI, AGP for the Applicants
MS DISHA N NANAVATY(2957) for the Respondent(s) No. 1.1,1.2
UNSERVED EXPIRED (N) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                Date : 13/04/2026


ORDER IN DELAY CONDONATION


      Considering the averments made in the applications, the
same are allowed and delay caused in preferring main matters
stands condoned. Rule made absolute to the aforesaid extent.

ORDER IN FIRST APPEALS


      In all the first appeals, the amount of compensation
involved is below Rs.5 lakh.


                                    Page 1 of 3
    C/CA/1649/2024                                 ORDER DATED: 13/04/2026




     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 clarified 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/1649/2024                                                          ORDER DATED: 13/04/2026




    after        deducting              Court         fee       to      the       claimants             after        due
    verification and identification 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 13/04/2026 16:09:47




                                                         Page 3 of 3

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