THE SPECIAL LAND ACQUISITION OFFICERversusLEGAL HEIRS OF HAMIDKHAN HAJI BAVA
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The appeal is dismissed on account of the smallness of the amount, without deciding any substantive legal issue.
Summary
The Special Land Acquisition Officer appealed against a compensation award to the legal heirs of Hamidkhan Haji Bava, where the amount involved was less than Rs 5 lakh. The Gujarat State Government’s 2016 policy classifies claims up to Rs 5 lakh as petty and directs that such matters be withdrawn in Lok Adalat. The High Court noted that the appeal could not wait for a Lok Adalat and therefore considered it for regular hearing. Observing the small quantum of the award, the Court dismissed the appeal on the ground of the amount’s smallness, 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 an appeal involving a compensation claim of less than Rs 5 lakh can be entertained in regular court despite the State policy to refer such petty claims to Lok Adalat
- Whether the Court may dismiss the appeal solely on the basis of the smallness of the amount
Legislation cited
Subjects
Judgment
C/FA/2606/2026 ORDER DATED: 18/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2606 of 2026
==========================================================
THE SPECIAL LAND ACQUISITION OFFICER
Versus
LEGAL HEIRS OF HAMIDKHAN HAJI BAVA & ORS.
==========================================================
Appearance:
MS DHARITRI PANCHOLI ASSISTANT GOVERNMENT PLEADER for the
Appellant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 18/06/2026
ORDER
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lakh has to be withdrawn in Lok Adalat.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withdrawn in Lok Adalat, cannot wait for disposal in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
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C/FA/2606/2026 ORDER DATED: 18/06/2026
disposed of during regular hearing.
Having heard the submissions made at bar, the amount
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.
(J. C. DOSHI,J)
PARMAR KRISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 18/06/2026 17:32:49
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