Gujarat High Court
Oil & Natural Gas Corp.Ltd vs Thakor Babaji Pathaji on 3 September, 2025
NEUTRAL CITATION
C/FA/2168/1997 ORDER DATED: 03/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2168 of 1997
With
CIVIL APPLICATION NO. 2 of 1997
In
R/FIRST APPEAL NO. 2168 of 1997
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OIL & NATURAL GAS CORP.LTD
Versus
THAKOR BABAJI PATHAJI & ORS.
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Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
MS ROSHNI PATEL AGP for the Defendant(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 03/09/2025
ORAL ORDER
1. The Registry has put up a note wherein it has been stated that the
Registry has made sincere efforts to trace out the papers of the present
First Appeal No.2168 of 1997, however, the papers of the aforesaid matter
could not be traced out. It is also stated that still the efforts to search the
aforesaid matter is continued and, therefore, the Registry has placed
computer status print before the Court.
2. Present appeal is arising out of the common judgment and award
passed by the learned 4th Extra Assistant Judge, Mehsana i.e. the Reference
Court in Land Acquisition Reference Nos.1293 of 1992 to 1299 of 1992
whereby the Reference Court has directed the appellant to pay additional
amount of rent at the rate of 2.25 per square meter per year with running
interest at the rate of 9% per annum on the amount of rent from the date
rent became due till realization. It has been further directed that the
amount of rent shall be paid for the period from the date of taking
NEUTRAL CITATION
C/FA/2168/1997 ORDER DATED: 03/09/2025
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possession till the date of possession is handed over back to the applicant.
3. On perusal of the copy of the memo of appeal and the impugned
judgment and award passed by the Reference Court in the aforesaid group
of Reference Cases, it appears that the present appeal is arising from the
said References i.e. Land Acquisition Reference Case No. 1297 of 1992.
Since, other appeals came to be disposed of by this Court (Coram: Hon'ble
Ms.Justice Bela M. Trivedi) vide order dated 15.11.2019, the present appeal
is also required to be disposed of on the ground of smallness of the amount.
4. Though various grounds have been raised in the memo of appeal, the
fact remains that the total amount involved in the appeal is very small.
Without entering into the merits of the appeal, the Court is not inclined to
entertain the same on the ground of smallness of amount involved in the
appeal. It is needless to say that the Court having not gone into the merits
of the appeal, dismissal of the appeal shall not come in the way of the
appellant in raising the legal issues involved in the present appeal, if the
same arises in other cases.
5. In view of the above, only on the ground of smallness of amount, with
a further clarification that this may not be considered as precedent in other
claim petitions arising out of the same incident, the appeal is dismissed.
However, there shall be no order as to costs. Registry is directed to send
the original record and proceedings back to the Tribunal forthwith.
Pending civil application/s, if any, shall stand disposed of accordingly.
Interim relief, if any, granted earlier stands vacated forthwith.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
