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FA/7082/1995 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 7082 of 1995
WITH
CIVIL
APPLICATION NO. 2449 OF 1996
=========================================================
STATE
OF GUJARAT - Appellant(s)
Versus
THAKARSHI
TRIKUBHAI & 1 - Defendant(s)
=========================================================
Appearance
:
MS
MANISHA NARSINGHANIA AGP for Appellant(s) : 1,
NOTICE SERVED for
Defendant(s) : 1, 1.2.1,1.2.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/03/2009
ORAL
ORDER
Heard
learned AGP Ms. Manisha on behalf of respondent State and Land
Acquisition Officer. This being an old matter of 1996 notified only
one civil application 2449/1996. The notice issued by this Court is
served to respondent but no appearance is filed by respondent and no
advocate is engaged by respondent.
Initially,
group of appeal nos. 7082/1995 to 7088/1995 filed by appellant State
of Gujarat and appeals are admitted on 9/7/1996. Thereafter, interim
relief granted in civil application on 9/7/1996.
Learned
AGP Ms. Manisha submitted that appellant applicant is deposited
entire decreetal amount together with costs and interest before
Reference Court. She is having note that other group of appeals have
been dismissed by this Court on 9/7/1996. The appellant has
challenged award passed by Reference Court in LAR no. 153/1987 to
159/1987 where total amount which has been awarded is less than Rs.
10,000/- as referred above in para 14. The award is dated 15/7/1995
passed by Assistant Judge, Morbi. Therefore, considering amount
which has been awarded while fixing market price of land acquired by
State of Gujarat.
According
to my opinion, petty amount is challenged by State of Gujarat. The
FA no. 7083/1995 to 7088/1995 are also dismissed by this Court.
Except this appeal being no. 7082/1995 and admitted by this Court.
Probably on ground that challenged is more than Rs. 10,000/- and in
rest of appeals challenged is less than Rs. 10,000/-. Considering
fact that appeal which was admitted by this Court only having amount
more than Rs. 10,000/- and rest of appeal has been dismissed
considering petty amount which is under challenged.
According
to my opinion, considering amount of Rs. 10,867.57ps which is under
challenged, this appeal is also required to be dismissed.
Accordingly, present appeal is dismissed. Today first appeal is
dismissed by this Court, therefore, civil application no. 2449/1996
is also disposed of. Ad interim relief granted by this Court on
9/7/1996 is also vacated. The respondent claimants is entitled to
receive amount of compensation which was lying with Reference Court,
Rajkot.
(H.K.RATHOD,
J)
asma
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