DHANABHAI KARMANBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, whose land is not additionally acquired subsequent to the alignment / shifting of a minor river of Narmada is praying that either the laying down of the canal of which construction was completed way back on 30/6/2014 be laid down as per the original plan and notification issued thereafter, or pay the damages treating that the 20% of the land belonging to the petitioner is spoiled pursuant to laying down of the canal.

(2.) The short facts arising in the petition is as under:

(3.) Mr.Saurin Mehta, learned advocate appearing with Mr.Krishal Patel, learned advocate for the petitioner, has vehemently submitted that the action on the part of the respondent is contrary considering the basic law of giving an opportunity of hearing to the affected person. By taking us through the map produced by the petitioner at Annexure-'A', he would submit that as per the original complaint, the canal was passing through several survey numbers in a straight line i.e. Survey No.137, 139 and 142. He would submit that a corner of Survey No. 140 was also being used for passing of the canal. However, at the instance of owner of Survey No. 139, the respondent authorities constructed the canal in such a manner that additional expenses were incurred and other curves carried out pursuant to the subsequent laying down of the canal has affected the petitioner.