Special Land Acquisition Officer vs Mohanbhai Melabhai Deceased
2025 Latest Caselaw 832 Guj

Gujarat High Court

Special Land Acquisition Officer vs Mohanbhai Melabhai Deceased on 11 July, 2025

                                                                                                                      NEUTRAL CITATION




                             C/FA/758/2012                                         JUDGMENT DATED: 11/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                 R/FIRST APPEAL NO. 758 of 2012


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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                                   Approved for Reporting                          Yes           No

                       ================================================================
                                        SPECIAL LAND ACQUISITION OFFICER & ORS.
                                                        Versus
                                         MOHANBHAI MELABHAI DECEASED. & ORS.
                       ================================================================
                       Appearance:
                       MS DEVANGIBA RANA, ASST. GOVERNMENT PLEADER for the
                       Appellant(s) No. 1,2,3
                       MR NIRAV C THAKKAR(2206) for the Defendant(s) No. 1.1,1.2,1.3,1.4
                       ================================================================

                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                               Date : 11/07/2025

                                                           ORAL JUDGMENT

1. Present appeal is filed by the appellant - State Authorities against the common judgment and award dated 16.12.2008 passed by the learned Principal Senior Civil Judge, Bharuch in Land Reference Case Nos. 1710 of 1998 to 1722 of 1998 as well as LRC No. 2656 of 1998 preferred under Section 18 of the Act, whereby, the learned Judge has awarded additional compensation of Rs.32.50p. per sq. mtr. for the acquired lands over and above the compensation already awarded by the Special Land Acquisition Officer.

NEUTRAL CITATION

C/FA/758/2012 JUDGMENT DATED: 11/07/2025

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2. Heard learned advocates appearing for the respective paries and also perused the original record and proceedings.

3. Though various grounds have been raised in the memo of appeal, the fact remains that the total amount involved in the appeal is below Rs.5 Lac. In view of the amount involved in the present appeal as per the Circular dated 25.10.2016 issued by the State Government, the same is to be considered as petty claim and therefore, this Court deems it fit not to exercise jurisdiction under Section 54 of the Land Acquisition Act. Accordingly, only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other matters, since the order is passed only in the specific facts of the present case, the appeal is dismissed. However, there shall be no order as to costs.

4. Record and proceedings, if any, be sent back to the concerned Court forthwith.

(HEMANT M. PRACHCHHAK,J)

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