High Court of Gujarat

THE SPEACIAL LAND ACQUISITION OFFICERversusRAVJIBHAI GALAJI ZALA

Disposal: 26-DISMISSED @ ADM.STAGE
Bench: C DOSHI

Holding

The appeal was dismissed due to the smallness of the compensation amount, while the application for condonation of delay was allowed.

Summary

The Special Land Acquisition Officer filed a civil application for condonation of delay against Ravjibhai Galaji Zala & Anr., who did not appear. The court, noting the small claim amount, condoned the delay and allowed the application. In the accompanying first appeal, the compensation sought was below Rs.5 lakh, which the State Government had classified as a petty claim. Relying on that resolution, the court dismissed the appeal, stating that the smallness of the amount precluded further consideration and that no legal issue was decided. The court directed the registry to return the record and the reference court to disburse the compensation after verification, interest, and deduction of court fees.

Issues considered

Whether the delay in filing the application can be condoned.
Whether a first appeal involving a compensation claim below Rs.5 lakh should be entertained.
Whether the State Government's resolution treating claims up to Rs.5 lakh as petty applies to the present appeal.

Subjects

condonation of delaypetty claimsmall claimland acquisitioncompensationappeal dismissed

Judgment

     C/CA/1085/2026                                    ORDER DATED: 20/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1085 of
                            2026

                         In R/FIRST APPEAL/1620/2026
                                     With
                       R/FIRST APPEAL NO. 1620 of 2026
==========================================================
                THE SPEACIAL LAND ACQUISITION OFFICER
                                Versus
                     RAVJIBHAI GALAJI ZALA & ANR.
==========================================================
Appearance:
MR BHARAT VYAS AGP for the Applicant(s) No. 1
RULE SERVED for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 20/04/2026

                                   ORDER
ORDER IN CIVIL APPLICATION (FOR CONDONATION OF
DELAY ) NO.1085 2026. :-


      Though served, none appears for respondent claimant/s.
However, looking to the fact that on account of smallness of
claim amount the appeal is to be dismissed and considering
the averments made in the application, the delay is condoned
and the application is allowed.             Rule made absolute to the
aforesaid extent.


ORDER IN FIRST APPEAL NO.1620 OF 2026 :-


      In the present 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


                                  Page 1 of 2
         C/CA/1085/2026                                                           ORDER DATED: 20/04/2026




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 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 appeal, the Court is not inclined to
entertain the present appeal 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 appeal and
therefore, the decision of present appeal 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 State Government
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)
MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 20/04/2026 15:44:51



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