LAWS(GJH)-2022-10-737

STATE OF GUJARAT Vs. DEVAYATBHAI LAKHMANBHAI

Decided On October 19, 2022
STATE OF GUJARAT Appellant
V/S
Devayatbhai Lakhmanbhai Respondents

JUDGEMENT

(1.) All these revision applications are filed by the State Authorities and the issues involved in all these revision applications are common and interconnected, hence, the same are decided analogously today by this common oral order.

(2.) The present revision applications have been filed assailing the order dtd. 2/3/2017 passed by the Principal Senior Civil Judge, Gondal in an application filed by the claimant under Sec. 152 of the Code of Civil Procedure, 1908 (for short, "the CPC"). By the judgment and award dtd. 30/6/2016 passed in Land Reference Case No.108 of 2004 and allied matters, the Court below has awarded the compensation at the rate of 280 per sq. mtr., for the land acquired for villages Charan Samdhiyara and Khajuri Gundala, Taluka Jetpur, District Rajkot, was passed.

(3.) Aggrieved by the aforesaid judgment and award, the State Authorities have preferred First Appeal Nos.399 of 2017 with allied matters before this Court along with the Civil Applications for Stay and Delay, wherein vide order dtd. 10/2/2017, the Division Bench of this Court has admitted the appeal preferred by the State Government and further granted stay in Civil Application No.1248 of 2017. The aforesaid First Appeal is pending for final hearing. Meanwhile, the opponents have preferred an application under Sec. 152 of the CPC, for correcting the arithmetic mistake in the judgment and decree on the ground that the Court has considered 1 sq.yard = 0.8361 sq.mtr., and if the same is converted into sq.mtr, the compensation figure would work out at Rs.280.00 x 0.8361 = 234.108. The State authorities had objected the aforesaid applications, however the same were allowed by the impugned order dtd. 2/3/2017, and accordingly, while correcting the arithmetic mistake, the compensation is enhanced to Rs.402.00 per sq.mtr., and the same is subject matter of challenge before this Court.