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SANGEETA K. VISHEN, SANJEEV J. THAKER
Deceased Babubhai Jerambhai Raiyani Through Heirs – Appellant
Versus
Gujarat Energy Transmission Corporation – Respondent
JUDGMENT :
SANGEETA K. VISHEN, J.
Captioned appeal is directed against the judgment dated 17.12.2012, Exh.150 passed by the learned Principal Senior Civil Judge, dismissing the Special Civil Suit No. 61 of 2000 (hereinafter referred to as ‘the suit in question’) filed by the appellant – plaintiff (hereinafter referred to as the ‘plaintiff’). The plaintiff had filed a suit in question, inter alia, praying for compensation of Rs.45 lac from the defendants – Gujarat Energy Transmission Corporation and another (hereinafter referred to as the ‘defendants’).
2. The facts, in nutshell, are that the plaintiff and his brother – Ranchhodbhai Jerambhai are the owners and occupiers of the ancestral land bearing survey no.439/2, situated in the city of Gondal and located on the eastern side of Jetpur Road, which was partitioned equally and the plaintiff was allotted land admeasuring acre 2 and 20 gunthas (hereinafter referred to as the ‘land in question’). Somewhere in the year 1979, 220 K.V. Gondal - Jetpur line was erected, as per the provisions of Section 42 of the Indian Electricity Act, 1948 (hereinafter after referred to as the ‘Act of 1948’) and was passing through the land in question.
3. S
The plaintiff failed to prove unlawful possession by the defendants as he accepted conditions for land conversion, leading to the dismissal of the appeal.
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