KAMABHAI CHANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioners - original claimants challenging the impugned common order dtd. 30/11/2019 passed below application Exh.36 filed by the petitioners and below application Exh.37 filed by the respondent - State Authorities in Land Acquisition Case No.814 of 1998 by the Additional Senior Civil Judge, Rajkot, by which, the trial Court has rejected the application Exh.36 and allowed the application Exh.37.

(2.) The brief facts of the case are as under :

(3.) Learned advocate Mr. Zalak Pipaliya for the petitioners has submitted that the trial Court has committed gross error in allowing the calculation of compensation made by the Registry of the Reference Court as the Registry has calculated the total amount of compensation Rs.375.00 on the basis of 'per Are' and not 'per square meter', as stated in the judgment and decree passed by the Reference Court. He has submitted that the State Authorities should have filed the review application with appropriate averments and not by an application under Sec. 151 of the Code. He has submitted that if there is any arithmetical error in the judgment and decree, review of the judgment under Sec. 152 of the Code is not permissible. He has submitted that the trial Court has committed an error by entertaining the application Exh.37 of the State and rejecting the application filed by the petitioners Exh.36. He has submitted that this petition may be allowed.