STATE OF GUJARAT THROUGH DEPUTY COLLECTORversusDEVABHAI KHIMABHAI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed on account of the smallness of the amount involved.
Summary
The State of Gujarat filed an application for condonation of delay, which was granted, allowing the main matters to proceed. The first appeal concerned a compensation claim of less than Rs.5 lakh arising under the Land Acquisition Act. The State Government's 2016 Government Resolution classifies claims up to Rs.5 lakh as petty and directs their withdrawal in Lok Adalat, but the matter could not wait for such a proceeding. The Court, noting the small quantum of the claim, declined to entertain the appeal and dismissed it, emphasizing that no legal issue was decided and the order should not serve as precedent. The Court also directed the return of records and the disbursement of the deposited compensation with interest after verification.
Issues considered
- Whether a first appeal involving a compensation claim of less than Rs.5 lakh should be entertained by the High Court.
- Whether the State Government's policy of withdrawing petty claims in Lok Adalat precludes regular hearing of such matters.
Legislation cited
Subjects
Judgment
C/CA/3745/2026(GJHC240557002026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3745 of
2026
In R/FIRST APPEAL/3872/2026
With
R/FIRST APPEAL NO. 3872 of 2026
==========================================================
STATE OF GUJARAT THROUGH DEPUTY COLLECTOR & ANR.
Versus
DEVABHAI KHIMABHAI
==========================================================
Appearance:
MS URVASHI PUROHIT, AGP for the Applicant(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 21/08/2026
ORDER
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 APPEAL
In the rst 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
upto Rs.5 lakh are to be considered as petty claims and the
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C/CA/3745/2026(GJHC240557002026) ORDER DATED: 21/08/2026
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, 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 stands
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 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
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C/CA/3745/2026(GJHC240557002026) ORDER DATED: 21/08/2026
the concerned Court forthwith.
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)
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 17:31:58
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