THE STATE OF GUJARATversusLEGAL HEIRS OF DECEASED KHIMABHAI UKABHAI SOLANKI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The court dismissed the first appeals because the compensation involved was below Rs.5 lakh, in accordance with the State Government’s policy, and it did not decide any substantive legal issue.
Summary
The State of Gujarat filed applications for condonation of delay and several first appeals against a compensation award to Hamirabhai Bhurabhai Varchand under the Land Acquisition Act. The court first allowed the condonation applications, excusing the delay in filing the main matters. It then considered the first appeals, noting that each involved compensation of less than Rs.5 lakh, which the State Government’s 2016 Government Resolution classifies as petty claims to be disposed of in Lok Adalat. Since the matters could not wait for a Lok Adalat, the court examined them in regular hearing but, citing the policy, declined to entertain the appeals. Consequently, the appeals were dismissed on the ground of the small quantum of award, and no legal issue was decided, rendering the order non‑precedential. The court directed the reference court to release the deposited compensation, after verification, to the claimants with interest, deducting court fees.
Issues considered
- Whether the first appeals involving compensation below Rs.5 lakh should be entertained by the court.
- Whether the State Government’s policy under the 2016 Government Resolution mandates dismissal of such petty claims.
- Whether the delay in filing the main matters can be condoned.
Subjects
Judgment
C/CA/3701/2026(GJHC240554112026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3701 of
2026
In R/FIRST APPEAL/3857/2026
With
R/FIRST APPEAL NO. 3857 of 2026
With
R/CIVIL APPLICATION NO. 3715 of 2026
In
R/FIRST APPEAL NO. 3859 of 2026
With
R/FIRST APPEAL NO. 3859 of 2026
With
R/CIVIL APPLICATION NO. 3716 of 2026
In
R/FIRST APPEAL NO. 3860 of 2026
With
R/FIRST APPEAL NO. 3860 of 2026
With
R/CIVIL APPLICATION NO. 3732 of 2026
In
R/FIRST APPEAL NO. 3862 of 2026
With
R/FIRST APPEAL NO. 3862 of 2026
With
R/CIVIL APPLICATION NO. 3734 of 2026
In
R/FIRST APPEAL NO. 3863 of 2026
With
R/FIRST APPEAL NO. 3863 of 2026
With
R/CIVIL APPLICATION NO. 3741 of 2026
In
R/FIRST APPEAL NO. 3869 of 2026
With
R/FIRST APPEAL NO. 3869 of 2026
With
R/CIVIL APPLICATION NO. 3746 of 2026
In
R/FIRST APPEAL NO. 3873 of 2026
With
R/FIRST APPEAL NO. 3873 of 2026
Page 1 of 4
C/CA/3701/2026(GJHC240554112026) ORDER DATED: 21/08/2026
With
R/CIVIL APPLICATION NO. 3752 of 2026
In
R/FIRST APPEAL NO. 3878 of 2026
With
R/FIRST APPEAL NO. 3878 of 2026
With
R/CIVIL APPLICATION NO. 3753 of 2026
In
R/FIRST APPEAL NO. 3879 of 2026
With
R/FIRST APPEAL NO. 3879 of 2026
==========================================================
STATE OF GUJARAT & ORS.
Versus
HAMIRABHAI BHURABHAI VARCHAND
==========================================================
Appearance:
MS DHARITRI PANCHOLI, AGP for the Applicant(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 21/08/2026
ORDER
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
Page 2 of 4
C/CA/3701/2026(GJHC240554112026) ORDER DATED: 21/08/2026
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.
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.
Page 3 of 4
C/CA/3701/2026(GJHC240554112026) ORDER DATED: 21/08/2026
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 17:30:52
Page 4 of 4
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