SPECIAL LAND ACQUISITION OFFICER, NARMADA YOJANA UNIT -1versusPATEL BHARATBHAI DALSUKHBHAI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The delay is condoned, but the appeal is dismissed as the amount involved is less than Rs.5 lakh.
Summary
The Special Land Acquisition Officer filed a civil application seeking condonation of delay in filing a first appeal against a compensation award. The court allowed the condonation of delay but examined the merit of the appeal, noting that the compensation amount was below Rs.5 lakh. A Government Resolution dated 25.10.2016 classifies claims up to Rs.5 lakh as petty and directs their disposal without full appellate scrutiny. Accordingly, the court dismissed the first appeal on the ground of the smallness of the amount, stating that no legal precedent is set by this dismissal. The court directed the return of records to the lower court and instructed the disbursement of the compensation, after verification, with interest, deducting court fees.
Issues considered
- Whether the delay in preferring the first appeal can be condoned.
- Whether an appeal involving compensation less than Rs.5 lakh should be entertained.
Subjects
Judgment
C/CA/3646/2026(GJHC240523012026) ORDER DATED: 20/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3646 of
2026
In R/FIRST APPEAL/3827/2026
With
R/FIRST APPEAL NO. 3827 of 2026
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SPECIAL LAND ACQUISITION OFFICER, NARMADA YOJANA UNIT -1
Versus
PATEL BHARATBHAI DALSUKHBHAI & ANR.
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Appearance:
MS DHWANI TRIPATHI, AGP for the Applicant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 20/08/2026
ORDER
Order in Civil Application
Having heard learned advocate for the parties and
considering the averments made in the application, present
application is allowed. Delay caused in preferring First Appeal is
condoned.
Order in First Appeal
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.
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C/CA/3646/2026(GJHC240523012026) ORDER DATED: 20/08/2026
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.
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 appeals and therefore,
the decision of present appeals 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)
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 20/08/2026 17:43:16
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