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Judgment
R.P.Dholaria, J
By way of preferring present appeal, the appellant-original opponent has challenged the judgment and award dated 30.10.1996 passed by the
learned 4th Extra Assistant Judge, Mehsana in Land Acquisition Reference No.1349 of 1992.
The acquiring body has questioned the award passed by the learned Reference Court, inter alia, contending the fixation of rate of agricultural land
as well award of interest on two aspects.
During the course of hearing, on being asked by this Court, it has been pointed out that the total amount of compensation is Rs. 38,185/- which is
less than the award which came to be passed in the same village after about 8 years for the same area; this Court is not inclined to enter into the
merits of the case considering smallness of amount of compensation. Therefore, present appeal stands dismissed. This Court makes it clear that since
the appeal is dismissed on the ground of smallness of amount and not on merits of the case, therefore, this order will not be treated as precedence in
any future cases for reference. R & P, if any, be sent back to the trial Court forthwith.