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NISHA M. THAKORE
Gujarat Water Supply And Sewerage Board Thru Executive Engineer – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Heard Mr. Hardeep Mahida, learned advocate for the appellants- original defendants and Mr. P J Kanabar, learned advocate for the respondents- original plaintiffs.
2. The present appeal is filed at the instance of the original defendants- Board being aggrieved and dissatisfied with the impugned judgment and decree dated 18.6.2018 passed by the learned 2nd Additional Senior Civil Judge, Amreli in Special Civil Suit No.54 of 2012, whereby, the learned Judge has partly decreed the suit in favour of the respondents – original plaintiffs directing to pay compensation to the tune of Rs.2,90,000/- to be realized from the original defendants with interest thereon at the rate of 6% p.a from the date of filing of the suit fill its realization.
3. The facts as borne out from the record are briefly reproduced herein under:
3.1. The plaintiffs are the joint owners of an agricultural land bearing survey no.118/1 A paiki 25 total admeasuring 1-61-88 Hectare Are sq mtrs approximately 10 vighas of agricultural land of village Bambhaniya, Tal: Kunkavav, Dist. Amreli. It is the case of the plaintiffs that they used to take crops like groundnut, cotton, wheat, etc. throughout the years. The d
Negligence of defendants in managing water pipeline resulted in damages to plaintiffs' agricultural land, warranting compensation of Rs.2,90,000 with interest.
A Municipal Board is liable for damages due to negligence in maintaining water supply pipelines, failing to replace deteriorated infrastructure.
when a statutory forum is created by law for redressal of grievances, a writ petition under Article 226 of the Constitution should not ordinarily be entertained ignoring the statutory prescription, m....
Compensation for land use under the Petroleum & Minerals Pipelines Act requires proper documentation for valuation; the absence of such documentation impacts the awarded amount.
The court upheld the legality of the gas pipeline acquisition, emphasizing public interest and proper procedural adherence by the competent authority.
Failure to seek declaration and recovery of possession is a legal hurdle in granting a mandatory injunction. The burden to establish the right shifts to the plaintiff, who must prove the disputed lan....
The main legal point established in the judgment is the entitlement to compensation for land disputes and the determination of interest rates based on the evidence presented.
Indemnity Bond is given for a purpose that if at any later point of time a dispute arises, the person receiving the amount shall indemnify the competent authority.
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