The Executive Engineer vs Narubhai Rambhai Shinol
2026 Latest Caselaw 2123 Guj

Gujarat High Court

The Executive Engineer vs Narubhai Rambhai Shinol on 9 April, 2026

                                                                                                               NEUTRAL CITATION




                                C/FA/88/2025                                  ORDER DATED: 09/04/2026

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                   R/FIRST APPEAL NO. 88 of 2025

                                                       With
                                   CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
                                         In R/FIRST APPEAL NO. 88 of 2025
                                                       With
                        CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                                                   NO. 1 of 2026
                                         In R/FIRST APPEAL NO. 88 of 2025
                       ==========================================================
                                                   THE EXECUTIVE ENGINEER
                                                            Versus
                                                NARUBHAI RAMBHAI SHINOL & ORS.
                       ==========================================================
                       Appearance:
                       MR DEVARSH TRIVEDI ADVOCATE GANDHI LAW ASSOCIATES(12275)
                       for the Appellant(s) No. 1
                       MR SHAILESH DESAI AGP for the Defendant(s) No. 2
                       RULE SERVED for the Defendant(s) No. 3
                       VIDIT S SHARMA(7365) for the Defendant(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                          Date : 09/04/2026

                                                              ORDER

1. Heard learned advocate Mr.Devarsh Trivedi for Gandhi Law Associates for the appellants and Ms.Hemali Soni, learned Assistant Government Pleader.

2. Mr.Trivedi, learned advocate for the appellant submits that the judgment and award which has been relied upon by the Reference Court while passing the judgment and award impugned in this appeal is decided by this Court in First Appeal which is the subject matter of an appeal before the Division Bench of this Court and it is yet pending.

3. It is made clear that the outcome of the decision pending before the Division Bench of this Court would not effect the merits or demerits of the present appeal since all the

NEUTRAL CITATION

C/FA/88/2025 ORDER DATED: 09/04/2026

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contentions raised in this appeal by the appellant Gujarat Water Infrastructure Limited are kept open.

4. It is further made clear that present appeal is being disposed of only on the ground of smallness of the claim amount and thus the decision herein would not operate any res judicata in any other matter or would not create any binding effect as well.

5. In the present first appeal, the amount of compensation involved is below Rs.5 lakh.

6. 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.

7. 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, CAs, if any, do not survive and stand disposed of accordingly.

8. However, it is clarified that dismissal of present appeals shall not be construed that the Court has decided any legal

NEUTRAL CITATION

C/FA/88/2025 ORDER DATED: 09/04/2026

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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.

9. Registry is directed to return back the R & P, if any, to the concerned Court forthwith.

10. The learned Reference Court is directed to disburse the amount of compensation deposited by the State Government after deducting Court fee to the claimant/s / land owners after due verification and identification along with interest and after verifying their right to claim the compensation.

(J. C. DOSHI,J) MISHRA AMIT V.