SPECIAL LAND ACQUISITION OFFICERversusDOLATSANG JIVABHAI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The Court condoned the delay and dismissed the first appeals on the ground that the compensation amount was below Rs.5 lakh, without deciding any substantive legal issue.
Summary
The Special Land Acquisition Officer filed applications seeking condonation of delay in preferring the main matters, which the High Court allowed. The same applications also included first appeals challenging compensation awards. The Court noted that each appeal involved compensation of less than Rs.5 lakh, which the State Government had classified as petty claims under a 2016 resolution. Relying on that resolution, the Court dismissed all the first appeals, stating that the small quantum did not warrant judicial scrutiny. The dismissal was expressly limited to the amount involved and did not constitute a decision on any substantive legal issue, nor does it set precedent. The Court also directed the return of records and the disbursement of the deposited compensation after verification.
Issues considered
- Whether the delay in filing the main matters can be condoned.
- Whether first appeals involving compensation below Rs.5 lakh should be entertained or dismissed under the State Government's petty‑claim resolution.
Subjects
Judgment
C/CA/5979/2024 ORDER DATED: 24/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5979 of
2024
In R/FIRST APPEAL/1178/2026
With
R/FIRST APPEAL NO. 1178 of 2026
With
R/CIVIL APPLICATION NO. 5984 of 2024
In
R/FIRST APPEAL NO. 1179 of 2026
With
R/FIRST APPEAL NO. 1179 of 2026
With
R/CIVIL APPLICATION NO. 5986 of 2024
In
R/FIRST APPEAL NO. 1180 of 2026
With
R/FIRST APPEAL NO. 1180 of 2026
With
R/CIVIL APPLICATION NO. 5988 of 2024
In
R/FIRST APPEAL NO. 1182 of 2026
With
R/FIRST APPEAL NO. 1182 of 2026
With
R/CIVIL APPLICATION NO. 48 of 2026
In
R/FIRST APPEAL NO. 1183 of 2026
With
R/FIRST APPEAL NO. 1183 of 2026
==========================================================
SPECIAL LAND ACQUISITION OFFICER ANAND & ANR.
Versus
BAJUBEN ADESANG SOLANKI & ORS.
==========================================================
Appearance:
MS DHARITRI PANCHOLI, AGP for the Applicants IN CA 5979/2024 &
5988/2024
MR SHAILESH DESI, AGP for the Applicants IN CA 5984/2024
MS HEMALI SONI, AGP for the Applicants IN CA 5986/2024 & 48/2026
RULE SERVED for the Respondent(s) No. 1,2,3
==========================================================
Page 1 of 3
C/CA/5979/2024 ORDER DATED: 24/03/2026
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 24/03/2026
ORDER IN DELAY CONDONATION
Considering the averments made in the applications, the
same are allowed and delay caused in preferring main matters
stands condoned. Rule made absolute to the aforesaid extent.
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.
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.
Page 2 of 3
C/CA/5979/2024 ORDER DATED: 24/03/2026
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 24/03/2026 14:24:08
Page 3 of 3
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