High Court of Gujarat

THE SPEACIAL LAND ACQUISITION OFFICERversusPUNAJI JIVAJI GOHEL

Disposal: 26-DISMISSED @ ADM.STAGE
Bench: C DOSHI

Holding

The Court dismissed the first appeals on the ground that the compensation claimed was below Rs.5 lakh, deeming the matters petty, while condoning the delay in the applications.

Summary

The Special Land Acquisition Officer filed applications seeking condonation of delay in filing the main matters, which the Court allowed, thereby condoning the delay. The same order also addressed two first appeals (Nos. 1618 and 1619 of 2026) wherein the compensation claimed was below Rs.5 lakh. Relying on a Gujarat State Government resolution dated 25‑10‑2016 that treats claims up to Rs.5 lakh as petty, the Court held that such small‑value matters need not be entertained. Consequently, both first appeals were dismissed on the ground of the smallness of the amount, and any consequential civil appeals were deemed disposed of. The Court clarified that this dismissal does not set any legal precedent, and directed the reference court to disburse the compensation after verification, deducting court fees and interest.

Issues considered

Whether applications for condonation of delay should be granted in the present circumstances?
Whether first appeals involving compensation less than Rs.5 lakh should be entertained?

Subjects

condonation of delaypetty claimscompensationfirst appealdismissalGujarat High Court

Judgment

     C/CA/1080/2026                                   ORDER DATED: 20/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1080 of
                             2026
                              In
                   R/FIRST APPEAL/1618/2026

                                    With
                        R/FIRST APPEAL NO. 1618 of 2026

                                        With

                      R/CIVIL APPLICATION NO. 1105 of 2026
                                       In
                        R/FIRST APPEAL NO. 1619 of 2026

                                        With

                        R/FIRST APPEAL NO. 1619 of 2026
==========================================================
                THE SPEACIAL LAND ACQUISITION OFFICER
                                 Versus
                      PUNAJI JIVAJI GOHEL & ANR.
==========================================================
Appearance:
MS DHWANI TRIPATHI AGP for the Applicant(s) No. 1
RULE SERVED for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                Date : 20/04/2026
                               COMMON ORDER


COMMON                ORDER      IN       CIVIL     APPLICATION             (FOR
CONDONATION OF DELAY ) NO.1080 OF 2026 AND CIVIL
APPLICATION (FOR CONDONATION OF DELAY) NO.1105 OF
2026. :-


      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.




                                      Page 1 of 3
    C/CA/1080/2026                                 ORDER DATED: 20/04/2026




COMMON ORDER IN FIRST APPEAL NO.1618 OF 2026 AND
IN FIRST APPEAL NO.1619 OF 2026. :-


     In all the first appeals, 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.


     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.




                               Page 2 of 3
           C/CA/1080/2026                                                           ORDER DATED: 20/04/2026




            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
  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)
  MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 20/04/2026 15:50:22




                                                        Page 3 of 3

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