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High Court of Gujarat

SPECIAL LAND ACQUISITION OFFICERversusLH OF DECD SARTANBHAI HAMIRBHAI

Disposal
26-DISMISSED @ ADM.STAGE
Bench
C DOSHI

Holding

The appeals are dismissed as the compensation amounts are below Rs.5 lakh and are deemed petty claims under the State Government's resolution.

Summary

The Special Land Acquisition Officer and others appealed against compensation awards to Yogeshbhai Shakrabhai Patel in several first appeals, each involving amounts below Rs.5 lakh. The State Government, via a 2016 resolution, classified claims up to Rs.5 lakh as petty and directed their disposal. The Gujarat High Court, after hearing counsel, held that because the compensation amounts were small, the appeals could not be entertained and were dismissed. The court clarified that no legal issue was decided and the order should not serve as precedent. It directed the reference court to disburse the compensation, after deductions and verification, to the claimants.

Issues considered

  • Whether first appeals involving compensation amounts below Rs.5 lakh can be entertained by the High Court
  • Whether the State Government's resolution classifying claims up to Rs.5 lakh as petty mandates dismissal of such appeals

Subjects

land acquisitioncompensationpetty claimsappeal dismissalGujarat High Courtgovernment resolutionsmall amount

Judgment

     C/FA/3459/2025                               ORDER DATED: 13/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3459 of 2025

                                  With
                      R/FIRST APPEAL NO. 3463 of 2025
                                  With
                      R/FIRST APPEAL NO. 3464 of 2025
                                  With
                      R/FIRST APPEAL NO. 3468 of 2025
                                  With
                      R/FIRST APPEAL NO. 3471 of 2025
                                  With
                      R/FIRST APPEAL NO. 3472 of 2025
                                  With
                      R/FIRST APPEAL NO. 3478 of 2025
                                  With
                      R/FIRST APPEAL NO. 3479 of 2025
                                  With
                      R/FIRST APPEAL NO. 3480 of 2025
                                  With
                      R/FIRST APPEAL NO. 3489 of 2025
==========================================================
            THE SPECIAL LAND ACQUISITION OFFICER & ANR.
                               Versus
                  YOGESHBHAI SHAKRABHAI PATEL
==========================================================
Appearance:
MS URVASHI PUROHIT, AGP for the Appellants in FA 3459, 3463, 3480,
3489 of 2025
MR SHAILESH DESAI, AGP for the Appellants in FA 3464 & 3468/2025
MS HEMALI SONI, AGP for the Appellants in FA 3471 & 3472/2025
MR BHARAT VYAS, AGP for the Appellants IN FA 3478 & 3479/2025
SHAILESH R THAKORE(9310) for the Defendant(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 13/04/2026

                             COMMON ORDER


      In all the first appeals, the amount of compensation



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    C/FA/3459/2025                                 ORDER DATED: 13/04/2026




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.

     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



                               Page 2 of 3
            C/FA/3459/2025                                                          ORDER DATED: 13/04/2026




  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)
  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 14:23:47




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