(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. RULE.
Mr. Patel, learned advocate waives service of Rule for the respondents - original claimants.
2. The present applications are filed for condonation of delay of 154 days in preferring the Review Applications in the First Appeals which have been decided by this Court vide judgment and order dated 2.8.2011.
3. In order to see that the merits of the matters may not be frustrated, we have heard Mr. Pandya, learned AGP for the applicant and Mr. Patel, learned advocate for the original claimants - respondents herein on the aspect of delay as well as merits of Review Application.
4. As such even if the lenient view is taken on the aspect of delay, if the merits of the Review Applications are considered, we find that there is no valid ground for review, inasmuch as, the lower Court after having found that the assessment of the value of the land in question based on the sale instances was erroneous, had proceeded to consider the value based on yield method. This Court has examined the matters accordingly on the said aspect. Therefore, it cannot be said that there exist any valid ground for review of the judgment in the First Appeal concerned as sought to be canvassed.
5. In view of the aforesaid, we find that if lenient view is taken on the aspect of delay, no useful purpose would be served in condoning the delay and thereafter, to consider the merits of the Review Applications. Hence, the applications for condonation of delay as well as the concerned Review Applications are dismissed. Rule discharged.
[JAYANT PATEL, J.] [R.M.CHHAYA, J.] mrpandya Top