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Gujarat High Court
The Executive Engineer vs Kanubhai Nathubhai Shinol ... on 9 April, 2026
NEUTRAL CITATION
C/FA/3280/2025 ORDER DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3280 of 2025
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2026
In R/FIRST APPEAL NO. 3280 of 2025
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THE EXECUTIVE ENGINEER
Versus
KANUBHAI NATHUBHAI SHINOL DECD.THRO'HIS HEIRS & ORS.
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Appearance:
MR HARSH TRIVEDI, ADVOCATE for
GANDHI LAW ASSOCIATES(12275) for the Appellant(s) No. 1
MR BHARAT VYAS AGP for the Defendant(s) No. 2
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 3
VIDIT S SHARMA(7365) for the Defendant(s) No. 1.1
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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. In the present first appeal, the amount of compensation
involved is below Rs.5 lakh.
3. 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.
4. Having heard the submissions made at bar by learned
AGP, the amount involved in the subject matter of present
NEUTRAL CITATION
C/FA/3280/2025 ORDER DATED: 09/04/2026
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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.
5. 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
has been carried to challenge in the appeal proceedings
before the Division Bench of this Court which is pending for
decision.
6. In view of the above, it is made clear that the decision
being taken in the present appeal shall not affect the merits or
demerits of the appeal before the Division Bench of this Court
as this Court has not gone into merits or demerits of the
dispute raised in the present appeal and it is disposed off only
on the ground of smallness of the amount and all the
contentions raised in this appeal by the appellant Gujarat
Water Infrastructure Limited are kept open.
7. It is further made clear that since present appeal is
disposed of only on the ground of smallness of the claim
amount, such decision would not operate any res judicata in
any other matter or would not create any binding effect as
well.
NEUTRAL CITATION
C/FA/3280/2025 ORDER DATED: 09/04/2026
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8. However, it is clarified that dismissal of present appeals
shall not be construed that the Court has decided any legal
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.
