High Court of Gujarat
THE STATE OF GUJARATversusBACHUBHAI TAPUBHAI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The court condoned the delay and dismissed the first appeals on account of the smallness of the compensation amount, without deciding any substantive legal issue.
Summary
The Gujarat High Court considered applications for condonation of delay and several first appeals concerning compensation awards under the Land Acquisition Act. The court noted that each appeal involved compensation below Rs.5 lakh, which the State Government had classified as petty claims to be dealt with in Lok Adalat. Since the matters could not await a Lok Adalat hearing, the court examined whether to entertain the appeals. After hearing submissions, the court condoned the delay in the main matters and dismissed all the first appeals on the ground of the small amount involved, expressly stating that no legal issue was decided. The court directed the disbursement of the compensation deposited by the State after verification and interest, and ordered the registry to return any records to the concerned court.
Issues considered
- Whether the delay in filing the main matters can be condoned.
- Whether appeals involving compensation less than Rs.5 lakh should be entertained by the court.
- Whether matters classified as petty claims under the State Government's policy must be withdrawn to Lok Adalat or can be disposed of in regular hearing.
Legislation cited
Subjects
condonation of delaypetty claimsLok AdalatLand Acquisition Actcompensationappeal dismissalGujarat High Court
Judgment
C/CA/3711/2026(GJHC240554152026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3711 of
2026
In R/FIRST APPEAL/3858/2026
With
R/FIRST APPEAL NO. 3858 of 2026
With
R/CIVIL APPLICATION NO. 3738 of 2026
In
R/FIRST APPEAL NO. 3866 of 2026
With
R/FIRST APPEAL NO. 3866 of 2026
With
R/CIVIL APPLICATION NO. 3739 of 2026
In
R/FIRST APPEAL NO. 3867 of 2026
With
R/FIRST APPEAL NO. 3867 of 2026
With
R/CIVIL APPLICATION NO. 3743 of 2026
In
R/FIRST APPEAL NO. 3871 of 2026
With
R/FIRST APPEAL NO. 3871 of 2026
With
R/CIVIL APPLICATION NO. 3749 of 2026
In
R/FIRST APPEAL NO. 3876 of 2026
With
R/FIRST APPEAL NO. 3876 of 2026
With
R/CIVIL APPLICATION NO. 3750 of 2026
In
R/FIRST APPEAL NO. 3877 of 2026
With
R/FIRST APPEAL NO. 3877 of 2026
==========================================================
STATE OF GUJARAT & ORS.
Versus
MADEVA RANCHHOD MANVAR
==========================================================
Appearance:
MS DIXA PANDYA, ASST. GOVERNMENT PLEADER for the Applicant(s)
No. 1,2,3
Page 1 of 3
C/CA/3711/2026(GJHC240554152026) ORDER DATED: 21/08/2026
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 21/08/2026
ORDER IN DELAY CONDONATION APPLICATIONS
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 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.
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.
Page 2 of 3
C/CA/3711/2026(GJHC240554152026) ORDER DATED: 21/08/2026
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 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 21/08/2026 17:31:10
Page 3 of 3
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