BHAGVATIBEN NITINBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Nirav C. Thakkar, learned advocate for the appellants and Ms. Urmila N. Desai, learned AGP for the respondent Nos. 1, 2 & 4.

(2.) This appeal under Sec. 96 of Code of Civil Procedure, 1908 ('the Code' for short), the appellants have assailed the order dtd. 21/10/2016 passed by Principle Senior Civil Judge, Valsad below Exhibit-26 in Regular Civil Suit No.121 of 2015 whereunder, plaint of the suit instituted by the appellants is rejected under Order 7 Rule 11 of the Code.

(3.) The facts giving rise to the present appeal as could be gathered from the memo of appeal and connected material are that the subject land was purchased by the appellants from Chhayaben Ajitrai Desai and others by registered sale deed dtd. 23/3/2007. The appellants, thereafter, got the land converted into old tenure land on 7/3/2000 which was certified by the Deputy Collector, Valsad. Thereafter, without following due process of law and without giving an opportunity of hearing to the appellants, the subject land was acquired for the purpose of Municipal Hospital and Dispensary. Since the subject land was acquired without paying any compensation or alternative land to the appellants, the Civil Suit being Regular Civil Suit No.121/2015 was instituted by the appellants for declaration that the subject land was of his ownership and in the alternative, the State Government may be directed to give alternative land to the appellants.