THE EXECUTIVE ENGINEER, BUILDING AND ROAD DEPARTMENT (PANCHAYAT) vs RAMESHBAHI SHAMBHUBHAI PADSALA

C/FA/2409/2025 (GJHC240137922025) JUDGMENT DATED: 07/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2409 of 2025
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2026
In R/FIRST APPEAL NO. 2409 of 2025

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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THE EXECUTIVE ENGINEER, BUILDING AND ROAD DEPARTMENT
(PANCHAYAT)
Versus
RAMESHBAHI SHAMBHUBHAI PADSALA & ORS.
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Appearance:
KAASH K THAKKAR(7332) for the Appellant(s) No. 1
MS NIMISHA J. PAREKH, AGP for the Defendant(s) No. 2,3
MR KRUSHNAKANT D PATEL(10632) for the Defendant(s) No. 1
MR TEJAS P SATTA(3149) for the Defendant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 07/09/2026

JUDGMENT
1. In the first appeal, the amount of compensation involved
is below Rs.5,00,000/-.
2. Mr. Tejas P. Satta, learned counsel appearing on behalf
of respondent no.1/original claimant/s submitted that the
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C/FA/2409/2025 (GJHC240137922025) JUDGMENT DATED: 07/09/2026
present appeal 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/-. He 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/-. He
submitted that after filing of the appeal, the Lok Adalat was
held on many occasions but despite this fact, this appeal was
not withdrawn. He further submitted that the appeal may not
be kept pending for indefinite period at the whims and fancy
of the appellant/State Government.
3. Ms. Nimisha J. Parekh, 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.
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
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C/FA/2409/2025 (GJHC240137922025) JUDGMENT DATED: 07/09/2026
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
appeal and having regard to the State policy, this 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.
7. However, it is clarified 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 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 after
deducting Court fee to the claimant/s after due verification
and identification along with interest and after verifying their
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C/FA/2409/2025 (GJHC240137922025) JUDGMENT DATED: 07/09/2026
right to claim the compensation.
(MOOL CHAND TYAGI, J)
HS
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