High Court of Gujarat
STATE OF GUJARAT THROUGH DEPUTY COLLECTORversusBHIMABHAI GIGABHAI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The Court dismissed the first appeals on the ground of the smallness of the compensation amount and allowed condonation of delay.
Summary
The State of Gujarat filed applications for condonation of delay and first appeals challenging compensation awards under the Land Acquisition Act. The Court noted that each appeal involved compensation below Rs.5 lakh, which the State Government, by a 2016 Government Resolution, classifies as petty claims to be disposed of in Lok Adalat. Since the matters could not await a Lok Adalat, the Court considered the small quantum and dismissed the appeals without hearing. The Court also granted condonation of the delay in filing the main applications. It clarified that the dismissal does not decide any substantive legal issue and is not precedent. The Court directed the reference court to release the compensation amount, after deductions, to the claimants.
Issues considered
- Whether appeals involving compensation less than Rs.5 lakh should be dismissed under the State Government's policy for petty claims
- Whether the delay in filing the applications can be condoned by the Court
- Whether the Court can dispose of such matters without addressing any substantive legal issue
Legislation cited
Subjects
Land acquisitionCompensationPetty claimsDelay condonationLok AdalatSmall claimsGujarat
Judgment
C/CA/3717/2026(GJHC240554052026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3717 of
2026
In R/FIRST APPEAL/3861/2026
With
R/FIRST APPEAL NO. 3861 of 2026
With
R/CIVIL APPLICATION NO. 3735 of 2026
In
R/FIRST APPEAL NO. 3864 of 2026
With
R/FIRST APPEAL NO. 3864 of 2026
With
R/CIVIL APPLICATION NO. 3736 of 2026
In
R/FIRST APPEAL NO. 3865 of 2026
With
R/FIRST APPEAL NO. 3865 of 2026
With
R/CIVIL APPLICATION NO. 3742 of 2026
In
R/FIRST APPEAL NO. 3870 of 2026
With
R/FIRST APPEAL NO. 3870 of 2026
With
R/CIVIL APPLICATION NO. 3747 of 2026
In
R/FIRST APPEAL NO. 3874 of 2026
With
R/FIRST APPEAL NO. 3874 of 2026
With
R/CIVIL APPLICATION NO. 3748 of 2026
In
R/FIRST APPEAL NO. 3875 of 2026
With
R/FIRST APPEAL NO. 3875 of 2026
==========================================================
STATE OF GUJARAT & ORS.
Versus
HARI GOPARA MANVAR
==========================================================
Appearance:
MS KINJAL VYAS, ASST. GOVERNMENT PLEADER for the Applicant(s) No.
1,2,3
==========================================================
Page 1 of 3
C/CA/3717/2026(GJHC240554052026) ORDER DATED: 21/08/2026
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 21/08/2026
ORDER IN DELAY CONDONATION APPLICATIONS
Considering the averments made in the applications, the
same are allowed and delay caused in preferring main matters
stands condoned.
ORDER IN FIRST APPEALS
In all the rst appeals, 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
disposed of during regular hearing.
Page 2 of 3
C/CA/3717/2026(GJHC240554052026) ORDER DATED: 21/08/2026
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 clari ed 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
amount of compensation deposited by the State Government
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)
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 21/08/2026 17:31:27
Page 3 of 3
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