BHAVNAGAR DISTRICT PANCHAYAT Vs. MAHENDRASINH AJITSINH GOHIL

JUDGEMENT

(1.) Heard learned Advocate Mr. H. S. Munshaw on behalf of the appellant and learned Advocate Mr. Nikunt K. Raval with learned Advocate Mr. Vidit S. Sharma for respondents no. 1 in all three appeals and learned AGP Mr. Ashutosh Dave on behalf of the respondents no. 2 & 3 in all three appeals.

(2.) It appears that a total of 48 appeals had been filed against the common judgment and order passed by the learned 11 th Additional Senior Civil Judge, Bhavnagar in Land Reference Case No. 49 to 96 of 2015. The said group of 48 appeals had been heard by a learned Co-ordinate Bench (Coram: Justice A. J. Shastri) and whereas, vide a common oral order dtd. 28/2/2019 a learned Co-ordinate Bench had been pleased to dispose of 25 first appeals referred to in the said decision inter alia on the ground that the total enhanced amount in each of the said 25 appeals appeared to be less than Rs.1.00 lakh each.

(3.) It also appears that the rest of the 23 first appeals were heard by a learned Co-ordinate Bench including the present 3 appeals and whereas, learned Co-ordinate Bench [Coram: Justice Aniruddha P. Mayee] vide oral order dtd. 2/8/2022 had disposed of 20 out of remaining 23 appeals, more particularly, on the ground that the compensation awarded in each of the 20 appeals was less than Rs.5.00 lakhs and whereas, the learned Co-ordinate Bench had relied upon a Circular of the State Government dtd. 25/10/2016, more particularly, whereby the State Government had declared that matters where compensation is awarded up to Rs.5.00 lakhs could be compromised or disposed of relying upon the said Circular during the claims as petty claims.