High Court of Gujarat

THE SPECIAL LAND ACQUISITION OFFICER AHMEDABADversusJAVANJEE RAMAJI DABHI

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: C DOSHI

Holding

The appeal is dismissed on account of the smallness of the amount, while the delay in filing the appeal is condoned.

Summary

The Special Land Acquisition Officer filed a first appeal against a compensation award of less than Rs.5 lakh. The appellant sought condonation of delay in filing the appeal, which the court granted. The court noted a Gujarat State Government resolution dated 25‑10‑2016 classifying claims up to Rs.5 lakh as petty and directing such matters to be withdrawn in Lok Adalat. Since the appeal could not await a Lok Adalat hearing, the court considered the small quantum of the claim and dismissed the appeal on the ground of smallness of amount. The dismissal was expressly stated not to decide any legal issue, and the court ordered the return of the record and disbursement of the deposited compensation with interest after verification.

Issues considered

Whether the delay in preferring the first appeal can be condoned.
Whether a first appeal involving a compensation claim of less than Rs.5 lakh should be entertained in regular court.
Whether the appeal should be dismissed on the ground of smallness of amount in view of the State Government's policy.

Legislation cited

Land Acquisition Act

Subjects

condonation of delayfirst appealLand Acquisition Actpetty claimsLok Adalatsmallness of amountcivil applicationcompensation

Judgment

     C/CA/2955/2026(GJHC240414622026)                       ORDER DATED: 24/08/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2955 of
                             2026
                              In
                   R/FIRST APPEAL/3931/2026
                             With
                R/FIRST APPEAL NO. 3931 of 2026
==========================================================
                    THE SPECIAL LAND ACQUISITION OFFICER
                                   Versus
                        JAVANJEE RAMAJI DABHI & ORS.
==========================================================
Appearance:
GOVERNMENT PLEADER for the Applicant(s) No. 1
DECEASED LITIGANT for the Respondent(s) No. 2
NOTICE NOT RECD BACK for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2.2,2.3,2.4
UNSERVED EXPIRED (N) for the Respondent(s) No. 1,2.1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                        Date : 24/08/2026

                                            ORDER


ORDER IN DELAY CONDONATION

         Considering the averments made in the applications and
in view of the facts and circumstances of the case, the present
application is allowed and the delay caused in preferring the
captioned First Appeal is hereby condoned.


ORDER IN FIRST APPEAL

1.       In the present First Appeal, the compensation involved is
below Rupees Five Lacs.


2.       The State Government, vide GR dated 25.10.2016 through


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     C/CA/2955/2026(GJHC240414622026)                          ORDER DATED: 24/08/2026




its Revenue Department, has resolved that claims upto Rs.5
lakhs shall be considered as petty claims and thereby, the
matters involving claim of upto Rs.5 lakhs be disposed of.


3.       In the afore-mentioned Government Resolution, the State
Government has a taken policy decision that matters arising
under the Land Acquisition Act having involvement of stake of
less than Rs.5 lakhs 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 forth-coming Lok Adalat. Therefore, this matter
needs to be disposed of during regular hearing.


4.       Having heard the submissions made at bar, the amount
involved in the subject matter of present First appeal is on the
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,      the   present   appeal      stands
dismissed on account of smallness of amount. Consequently,
Civil Application, if any, does not survive and stands disposed
of accordingly.


5.       However, it is clarified that dismissal of present appeal


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    C/CA/2955/2026(GJHC240414622026)                                           ORDER DATED: 24/08/2026




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 the R & P, if any, to the
trial Court concerned forthwith. The learned Reference Court is
directed to disburse the amount of compensation deposited by
the appellant in favour of the claimants along with interest,
after deducting Court fee and undertaking due verification and
identification as also after verifying their right to claim the
compensation.



                                                                                        (J. C. DOSHI, J)

PRAVIN KARUNAN




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PRAVIN KARUNAN(HC00181), Principal Pvt. Secretary, at High Court of Gujarat on 24/08/2026 17:10:38


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