- (1.)The appellants are the original plaintiffs and the respondent is the original defendant. For the conveniences sake, the parties are hereinafter referred to as arraigned in the trial Court.
(2.)The plaintiffs instituted a Civil Suit No. 2645 of 1974 in the City Civil Court at Ahmedabad on 1-10-1974 questioning the acquisition of Final Plot No. 108 (Part), 107 (Part) and 106 (Part) of Ellisbridge Town Planning Scheme No. 3, Ahmedabad, on the ground that it is illegal and mala fide. The plaintiffs also claimed perpetual injunction restraining the defendant-State of Gujarat, from taking possession of the acquired land from the plaintiffs.
(3.)The suit was reserved by the defendant inter aliaa contending that the Ahmedabad Municipal Corporation had requested the Government to acquire lands for the purpose of widening the road and accordingly the proceedings were undertaken as per the provisions of law. The contention of mala fide was seriously denied and the whole suit was challenged.