SPECIAL LAND ACQUISITION OFFICER, NARMADA YOJANA UNIT -3versusPATEL BHIKHABHAI LALJIBHAI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The court condoned the delay but dismissed the first appeal because the compensation amount was below Rs.5 lakh, a petty claim, without deciding any legal issue.
Summary
The Special Land Acquisition Officer, Narmada Yojana Unit‑3 filed a civil application seeking condonation of delay in filing a first appeal against a compensation award of less than Rs.5 lakh. The court examined the application and, noting the State Government's 2016 resolution that claims up to Rs.5 lakh are petty and should be disposed of accordingly, allowed the condonation of delay. However, the court observed that the amount in dispute was below the Rs.5 lakh threshold and therefore considered the appeal to be of a petty nature. Consequently, the first appeal was dismissed on the ground of smallness of the amount, without deciding any substantive legal issue. The court directed the return of the record and the reference court to disburse the compensation with interest after verification. The dismissal was expressly stated not to set any precedent.
Issues considered
- Whether the delay in preferring the first appeal should be condoned.
- Whether a first appeal involving a compensation amount below Rs.5 lakh should be entertained.
Subjects
Judgment
C/CA/3443/2026 ORDER DATED: 11/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3443 of
2026
In R/FIRST APPEAL/3710/2026
With
R/FIRST APPEAL NO. 3710 of 2026
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SPECIAL LAND ACQUISITION OFFICER, NARMADA YOJANA UNIT -3
Versus
PATEL BHIKHABHAI LALJIBHAI & ANR.
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Appearance:
MS DHARTRI PANCHOLI, AGP for the Applicant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 11/08/2026
ORDER
Order in Civil Application
Having heard learned AGP for the applicant and
considering the averments made in the application, present
application is allowed. Delay caused in preferring First Appeal
is condoned.
Order in First Appeal
1. In the rst appeal, the amount of compensation involved
is below Rs.5 lakh.
2. 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.
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C/CA/3443/2026 ORDER DATED: 11/08/2026
3. 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 appeals, the Court is not inclined to entertain the
present appeals and therefore, present appeal stand
dismissed on account of smallness of amount. Consequently,
CA, if any, does not survive and stands disposed of
accordingly.
4. However, it is clari ed that dismissal of present appeal
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.
5. Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
6. 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 veri cation and
identi cation along with interest and after verifying their
right to claim the compensation.
(J. C. DOSHI,J)
SATISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 11/08/2026 16:44:50
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