STATE OF GUJARAT Vs. JIVABHAI JORABHAI RABARI

JUDGEMENT

(1.) This Special Civil Application is filed by the State challenging the order passed by the Civil Judge (S.D.) at Palanpur in Regular Civil Suit No. 327 of 1994. The said suit was instituted by the respondents herein challenging land acquisition proceedings initiated by the State Government to acquire land for formation of irrigation canal. The respondents as plaintiffs had prayed that no land should be acquired on the left bank of Mukteshwar Irrigation Project. They also sought for a declaration that the notification issued under Sec. 4 of the Land Acquisition Act be null and void. The learned Civil Judge had initially held that the Civil Court had no jurisdiction to entertain the said suit. Aggrieved by the same, the respondents preferred an appeal before the District Court at Palanpur. The appellate Judge directed the Civil Judge to consider the question of jurisdiction and an interim order was passed directing the parties to maintain status quo. The petitioner-State filed Civil Appeal and the learned single Judge of this Court directed the Assistant Judge, Palanpur to expedite the hearing of Regular Appeal and dispose of it. The appellate Judge had thereafter set aside the order passed by the trial Judge and the matter was remanded. Thereafter, by the impugned order the trial Judge held that the Civil Court had jurisdiction to entertain the suit. Aggrieved by the same, present Special Civil Application is filed.

(2.) We heard Mr. Kamal Mehta, Assistant Government Pleader and Mr. S. V. Raju, learned Counsel for the respondents.

(3.) Learned Counsel for the respondents contended that the plaintiffs have challenged land acquisition proceedings on the ground that if the Canal is constructed on the basis of the present alignment, it would cause hardship and nuisance to the respondents. It was submitted that the plaintiffs are not owners of the land nor their property is acquired for the purpose of Canal and as the plaintiffs have no remedy under the Land Acquisition Act to challenge the acquisition proceedings, they have got right to file civil suit.