JUDGMENT

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 47 of 1979. From the Judgment Order dated 20.1.77 of the Gujarat High Court in Second Appeal No. 90 of 1976.

Krishan Kumar for Vimal Chandra S. Dave for the Appellants. Ms. Meenaksh Arora for Anip Sachthey for the Respondent.

The Judgment of the Court was delivered by

ANAND, J. —This appeal by special leave, is directed against the judgment of the Gujarat High Court dated 20th of January, 1977 in Second Appeal No. 90 of 1976.

The plaintiffs-appellants are the farmers of the Village Morzar under Bhanwad Taluka of Jamnagar District. Their lands are situated on the outskirts of the village. Under the Vartu Dam Irrigation Scheme, the defendant-State proposed to construct a Dam on river Vartu and prepared a sketch, indicating the passage of the canal from Vartu Dam and for that purpose, it proceeded to acquire land through which the canal was proposed to run. The plaintiffs- appellants apprehended serious damage to their lands by the passing of the canal through their lands and they filed a Regular Civil Suit in 1966 against the defendant-State, seeking to restrain it from implementing the Irrigation Scheme, as proposed. Suit was regist