(Per : MR.JUSTICE M.H.KADRI) The above two groups of First Appeals, one filed by the claimants and the other filed by the acquiring body, challenging the common judgment and order dated July 25, 1997, rendered by the learned Assistant Judge, Surat, in Land Reference Cases Nos.118 of 1988 to 168 of 1988, were disposed of by this Bench by common judgment and order dated September 15, 2000. The office as per the directions of the Hon'ble Chief Justice has placed the common judgment and order of this Court for clarification in view of the fact that First Appeal Nos.745/98, 746/98, 749/98, 751/98, 753/98, 755/98, 757/98 to 763/98, 769/98, 770/98, 771/98, 774/98, 775/98, 777/98, 778/98, 779/98, 780/98, 782/98, 784/98, 785/98, 787/98 and 792/98 were already disposed of by the Court ( Coram : Y.B.Bhatt & R.P.Dholakia, JJ.), by judgment and order dated July 28, 1998.
2.It may be mentioned that though the above referred First Appeals were disposed of by the earlier Division Bench, the office had placed the above First Appeals before this Court for final hearing. The attention of this Court was not drawn by the learned advocate for the acquiring body and the learned advocate for the claimants. Therefore, through mistake of office, the above numbered First Appeals which were already disposed of by the earlier Division Bench were placed before us for final hearing. Therefore, while disposing of the above group of appeals by the common judgment and order dated September 15, 2000, the numbers of First Appeals which were already disposed of by the earlier Division Bench were also mentioned along with the First Appeals which form part of the same group. In view of the above stated facts, we direct that from the cause title of the common judgment and order delivered by us, First Appeal Nos. 745/98, 746/98, 749/98, 751/98, 753/98, 755/98, 757/98 to 763/98, 769/98, 770/98, 771/98, 774/98, 775/98, 777/98, 778/98, 779/98, 780/98, 782/98, 784/98, 785/98, 787/98 and 792/98 be deleted and the judgment and order dated September 15, 2000 be corrected according
3.In paragraph 46, we had mentioned that First Appeals Nos.742 of 1998 to 792 of 1998 filed by the Acquiring body, are dismissed. We clarify that in above paragraph 46, the numbers of First Appeals which were already disposed of by the earlier Division Bench i.e. First Appeal Nos. 745/98, 746/98, 749/98, 751/98, 753/98, 755/98, 757/98 to 763/98, 769/98, 770/98, 771/98, 774/98, 775/98, 777/98, 778/98, 779/98, 780/98, 782/98, 784/98, 785/98, 787/98 and 792/98 may be deleted. The office is directed to carry out the correction in the judgment and order dated September 15, 2000 accordingly.
( M.H.Kadri, J.)( D.P.Buch, J.) *mithabhai