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Special Land Acquisition Officer vs Patel Hiralal

High Court Of Gujarat|26 September, 2013
Order in Civil Application :
1. While praying for condonation of delay, it is stated that the challenge made by the applicant is the award dated 7.1.2010 passed by the learned 3rd Additional District Judge, Mehsana, in Land Acquisition Reference Case No.298 of 2001 wherein, amount of additional compensation, which is less than Rs.1,25,000/-.
Normally, the Court would have condoned the delay caused in preferring the First Appeal by the applicant, but since amount of additional compensation awarded by the learned Reference Court is less than Rs.1,25,000/- , no fruitful purpose will be served in condoning the delay as ultimately fate of the Appeal is dismissal on the ground smallness of amount additional compensation i.e. less than Rs.1,25,000/-. Accordingly, no case is made out to condone the delay and therefore, it is not fit case to accept the Civil Application for condonation of delay. Accordingly, the Civil Application is dismissed.
3. It is made clear that the First Appeal is dismissed on account of smallness of the amount and the order passed by this Court shall not be treated as precedent so as to say that this Court has decided any issue on merit. The whole purpose to dismiss the Appeal on account of smallness of amount is with a view to avoid hardship both physically and financially on the part of the original claimant to appear and defend the case. Therefore, this order shall not be cited as precedent in any pending matters before any Reference Court in the State of Gujarat.
Order in First Appeal (Stamp Number) :
In view of dismissal of the Civil Application, the First Appeal (Stamp) also stand dismissed. The Court fees, if any paid, be returned to the appellants/applicants as required under Rule 449[ii][1] of the Civil Manual.
(S.H.VORA, J.) YNVYAS Page 2 of 2
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