SPECIAL LAND ACQUISITION OFFICER, NARMADA YOJANA UNIT -3versusPATEL VIRJIBHAI NARSINHBHAI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed as the compensation amount is below Rs 5 lakh, and the dismissal does not decide 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 order. The court allowed the condonation of delay but noted that the compensation amount involved was less than Rs 5 lakh, which the State Government had classified as a petty claim. Consequently, the court dismissed the first appeal on the ground of the smallness of the amount, emphasizing that no legal issue was decided and the dismissal should not be treated as precedent. The court directed the registry to return the record and the reference court to disburse the compensation, after verification, with interest and deduction of court fees. The order was signed by Justice J.C. Doshi.
Issues considered
- Whether delay in preferring the first appeal can be condoned
- Whether a first appeal involving compensation less than Rs 5 lakh should be entertained
Subjects
Judgment
C/CA/3465/2026 ORDER DATED: 11/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3465 of
2026
In R/FIRST APPEAL/3713/2026
With
R/FIRST APPEAL NO. 3713 of 2026
==========================================================
SPECIAL LAND ACQUISITION OFFICER, NARMADA YOJANA UNIT -3
Versus
PATEL VIRJIBHAI NARSINHBHAI & ANR.
==========================================================
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/3465/2026 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 16:54:16
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