SPECIAL LAND ACQUISITION OFFICER, NARMADA YOJANA UNIT -3versusPATEL JAYANTIBHAI ISHVARLAL
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed on account of the smallness of the amount, although the delay in filing the appeal is condoned.
Summary
The Special Land Acquisition Officer, Narmada Yojana Unit‑3, filed a first appeal challenging a compensation award of less than Rs 5 lakh and also sought condonation of delay in filing the appeal. The High Court considered the appellant’s request for condonation and the merits of entertaining an appeal where the disputed amount was below the Rs 5 lakh threshold. Relying on a 2016 State Government resolution that classifies claims up to Rs 5 lakh as petty and to be disposed of accordingly, the Court allowed the condonation of delay. However, it held that the appeal could not be entertained because of the smallness of the amount and dismissed the appeal. The judgment expressly stated that the dismissal does not decide any legal issue and should not be treated as precedent. The Court directed the lower court to release the compensation, after deducting court fees and verifying the claimants, together with interest. The order was signed by Justice J.C. Doshi on 11 August 2026.
Issues considered
- Whether the delay in preferring the first appeal can be condoned.
- Whether an appeal involving a compensation amount below Rs 5 lakh should be entertained.
- Whether the court can dismiss an appeal on the ground of the smallness of the amount without deciding any substantive legal issue.
Subjects
Judgment
C/CA/3457/2026 ORDER DATED: 11/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3457 of
2026
In R/FIRST APPEAL/3712/2026
With
R/FIRST APPEAL NO. 3712 of 2026
==========================================================
SPECIAL LAND ACQUISITION OFFICER, NARMADA YOJANA UNIT -3
Versus
PATEL JAYANTIBHAI ISHVARLAL & ANR.
==========================================================
Appearance:
MS DHARTRI PANCHOLI, AGP for the Applicant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 11/08/2026
ORDER
Order in Civil Application
Having heard learned AGP for the applicant and
considering the averments made in the application, present
application is allowed. Delay caused in preferring First Appeal
is condoned.
Order in First Appeal
1. In the rst appeal, the amount of compensation involved
is below Rs.5 lakh.
2. 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.
Page 1 of 2
C/CA/3457/2026 ORDER DATED: 11/08/2026
3. Having heard the submissions made at bar, 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 appeals, the Court is not inclined to entertain the
present appeals and therefore, present appeal stand
dismissed on account of smallness of amount. Consequently,
CA, if any, does not survive and stands disposed of
accordingly.
4. However, it is clari ed that dismissal of present appeal
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.
5. Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
6. The learned Reference Court is directed to disburse the
amount of compensation deposited by the appellant 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)
SATISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 11/08/2026 16:52:46
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.