HAJABHAI HAMIRBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are filed by the original claimants. They have challenged the judgment and awards of the Principal Senior Civil Judge, Junagadh in Land Reference Case No.559 of 2003 and connected appeals. The grievance is limited. Their contention is that the Reference Court, in the process of passing awards, has committed arithmetical and computational errors, which has drastically reduced the compensation payable to the claimants. They therefore seek rectification of such errors and the interference of this Court to this limited extent.

(2.) Brief facts are as under:-

(3.) Having heard learned Advocates for the parties, we record that the Reference Court has committed two serious calculation errors. First is of assessing the net yield of the land at Rs.63,281/- per 'vigha'. This is so because the claimants had produced evidence of the yield of the land on the basis of per hectare measurement and not per 'vigha'. Even according to the claimants, the total yield before expenditure was Rs.1,26,563/- per hectare. If the Reference Court believed that 50% thereof should be set apart for production of cost and multiplier of 10 should be adopted for computing the market value of the land. This would bring the value of the land at Rs.6,32,815/- per hectare and not per 'vigha' as held by the Reference Court.