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2026 DAILYLAW 4312 (GUJ)

DEPUTY EXECUTIVE ENGINEER ROAD AND BUILDING PANCHAYAT v. MADHUBHAI BABUBHAI KATHIRIYA

FA/2667/2024 · 2026-10-01

Mool Chand Tyagi

body2026

Judgment text

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C/FA/2657/2024 ORDER DATED: 01/10/2026 (GJHC240275852024) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2657 of 2024 With R/FIRST APPEAL NO. 2659 of 2024 With R/FIRST APPEAL NO. 2660 of 2024 With R/FIRST APPEAL NO. 2661 of 2024 With R/FIRST APPEAL NO. 2662 of 2024 With R/FIRST APPEAL NO. 2663 of 2024 With R/FIRST APPEAL NO. 2666 of 2024 With R/FIRST APPEAL NO. 2667 of 2024 With R/FIRST APPEAL NO. 2668 of 2024 With R/FIRST APPEAL NO. 2669 of 2024 With R/FIRST APPEAL NO. 2670 of 2024 With R/FIRST APPEAL NO. 2671 of 2024 With R/FIRST APPEAL NO. 2672 of 2024 With R/FIRST APPEAL NO. 2673 of 2024 With R/FIRST APPEAL NO. 2674 of 2024 With R/FIRST APPEAL NO. 2675 of 2024 With R/FIRST APPEAL NO. 2676 of 2024 With R/FIRST APPEAL NO. 2678 of 2024 ========================================================== DEPUTY EXECUTIVE ENGINEER ROAD AND BUILDING PANCHAYAT Versus DHIRUBHAI KARSHANBHAI POKAL & ORS. ========================================================== Appearance: MS SEJAL K MANDAVIA(436) for the Appellant(s) No. 1 C/FA/2657/2024 ORDER DATED: 01/10/2026 (GJHC240275852024) MS DHARITRI PANCHOLI, AGP for the Defendant(s) No. 2 MR TEJAS P SATTA(3149) for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 3 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 01/10/2026 ORAL ORDER 1. In the captioned group of first appeals, the amount of compensation involved is below Rs.5,00,000/-. 2. Learned counsel appearing on behalf of original claimant/s submitted that the present group of appeals may not deserve to be heard on merits as the amount of compensation awarded by the learned Reference Court is less than Rs.5,00,000/-. It submitted that the State Government has framed the policy and issued the GR to withdraw all such appeals before the Lok Adalat wherein the amount of compensation is less than Rs.5,00,000/-. It is submitted that after filing of the present group of appeals, the Lok Adalat was held on many occasions but despite this fact, these present group of appeals was not withdrawn. It is submitted that the present group of appeals may not be kept pending for an indefinite period at the whims and fancies of the appellant/State Government. 3. Learned AGP has not disputed the fact that the State Government has issued the GR on 25.10.2016, whereby it has been directed to withdraw the appeal involving amount less than Rs.5,00,000/- in Lok Adalat. C/FA/2657/2024 ORDER DATED: 01/10/2026 (GJHC240275852024) 4. It is pertinent to note that the State Government vide its GR dated 25.10.2016 through its Revenue Department, has resolved that claims upto Rs.5,00,000/- are to be considered as petty claims and the matters involving amount upto Rs.5,00,000/- be disposed of accordingly. 5. In the aforementioned GR, the State Government took the policy decision that matters arising under the Land Acquisition Act having involvement of stake of less than Rs.5,00,000/- 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. 6. Having considered the submissions of the learned counsels for the respective parties, this Court is of the view that in the captioned appeal, the amount of compensation as awarded by the learned Reference Court 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 group of appeals and having regard to the State policy, this Court is not inclined to entertain the present appeal and therefore, present group of appeals stands dismissed on account of smallness of amount. Consequently, CA, if any, does not survive and stands disposed of accordingly. 7. However, it is clarified that dismissal of present group of appeals shall not be construed that the Court has decided any C/FA/2657/2024 ORDER DATED: 01/10/2026 (GJHC240275852024) legal issue involved in the subject matter of present group of appeals and therefore, the decision of present group of appeals shall not be treated as precedent for deciding any legal issue or issue of compensation in any other matter arising out of the same notification. 8. Registry is directed to return back the R & P, if any, to the concerned Court forthwith. 9. The learned Reference Court is directed to disburse the amount of compensation deposited by the appellant/s after deducting Court fee to the claimant/s after due verification and identification along with interest and after verifying their right to claim the compensation. (MOOL CHAND TYAGI, J) HS Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: HARSHIT SANCHETI(HCD0070), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 05/10/2026 18:34:07