PARSOTTAMBHAI SHANKARBHAI THAKOR Vs. BARODA ELECTRIC METERS

JUDGEMENT

(1.) The Second Appeal challenges the judgment dtd. 26/9/2022 passed by 5th Additional District Judge, Anand in Regular Civil Appeal No.202 of 2019 confirming the judgment dtd. 5/9/2019 passed by 3rd Additional Civil Judge, Anand in Regular Civil Suit No.180 of 2009.

(2.) Learned advocate Mr.D.P. Kinariwala along with Advocate Mr.D.H. Bharwad for the appellant submitted that both the Courts have failed to take into consideration the admission of the defendant that on the western side of the land, there are Eucalyptus trees, and specific pleading of the appellant - plaintiff before the trial Court, that the land is in possession of the appellant. Mr. Kinariwala submitted that both the courts have erred in dismissing the suit, in spite of the fact that by Exhibit-73, the witness had deposed that the land acquired by G.I.D.C. is Survey No.383/1/A of Shankarbhai Galbabhai Thakor, and both the courts have erred in interpreting the evidence, Exh.83, which is Deed of Exchange, which says that GIDC had agreed to convey to the defendant the land mentioned in the second schedule of the agreement, and the said schedule does not bear the reference of Survey No.384.

(3.) The facts of the case, as could be mentioned, are required to be noted that the Officer on Special Duty (Land Acquisition) had the occasion to grant a consent award under sec. 11(2) of the Land Acquisition Act, 1894 (For short 'the Act'). The land, as was noted in the consent award, was for public purpose viz. for the establishment of industrial township by Gujarat Industrial Development Corporation. Certain lands of village Karamsad, Anand and Mogri known as Vitthal Udyognagar have been declared for acquisition. The consent award was passed pertaining to Survey No.383/1/A and of Survey No.384/part of village Karamsad, Taluka Anand, District Kaira.