DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION AND REHABILITATION (IRRIGATION) OFFICERversusLEGAL HEIRS OF HEMUBHAI HARJIBHAI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The appeals were dismissed on the ground of the smallness of the amount (less than Rs.5 lakh) and the delay was condoned.
Summary
The High Court of Gujarat considered applications for condonation of delay and several first appeals filed by the Deputy Collector, Special Land Acquisition and Rehabilitation Officer against the legal heirs of Hemubhai Harjibhai. The court condoned the delay in filing the main matters. It noted a State Government resolution dated 25.10.2016 classifying claims up to Rs.5 lakh as petty and directing their disposal accordingly. Since the compensation claimed in each appeal was below Rs.5 lakh, the court declined to entertain the appeals and dismissed them, stating that no legal issue was decided and the dismissal should not be treated as precedent. The court also directed the reference court to disburse the compensation, after deductions and verification, to the claimants.
Issues considered
- Whether appeals involving compensation claims below Rs.5 lakh should be entertained under the State Government resolution classifying such claims as petty.
- Whether delay in filing the main matters can be condoned.
Subjects
Judgment
C/CA/1581/2026 ORDER DATED: 09/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1581 of
2026
In R/FIRST APPEAL/1480/2026
With
R/FIRST APPEAL NO. 1480 of 2026
With
R/CIVIL APPLICATION NO. 1590 of 2026
In
R/FIRST APPEAL NO. 1481 of 2026
With
R/FIRST APPEAL NO. 1481 of 2026
==========================================================
DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION AND
REHABILITATION (IRRIGATION) OFFICER & ORS.
Versus
LEGAL HEIRS OF HEMUBHAI HARJIBHAI & ORS.
==========================================================
Appearance:
MR BHARAT VYAS, AGP for the Applicants in FA 1581/2026
MS URVASHI PUROHIT, AGP for the Applicants in FA 1590/2026
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 09/04/2026
ORDER IN DELAY CONDONATION
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 first appeals, the amount of compensation
involved is below Rs.5 lakh.
Page 1 of 3
C/CA/1581/2026 ORDER DATED: 09/04/2026
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.
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 clarified 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
Page 2 of 3
C/CA/1581/2026 ORDER DATED: 09/04/2026
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)
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 09/04/2026 15:54:08
Page 3 of 3
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