Gujarat High Court
Gadhavi Ramsinh Ishwardan vs State Of Gujarat on 17 January, 2024
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/4719/2023 ORDER DATED: 17/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4719 of 2023
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GADHAVI RAMSINH ISHWARDAN
Versus
STATE OF GUJARAT
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Appearance:
for the Petitioner(s) No. 2
MR JIGAR G GADHAVI(5613) for the Petitioner(s) No. 1
MR SP HASURKAR(345) for the Respondent(s) No. 2,3,4
NOTICE SERVED BY DS for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 17/01/2024
ORAL ORDER
1. Heard Mr. Jigar Gadhavi, the learned advocate appearing for the petitioners and Mr. S.P. Hasurkar, the learned advocate appearing for the respondent Nos.2,3 and 4.
2. By way of present petition, the petitioners herein have prayed for the following reliefs:
"7. The Petitioners, in the premise aforesaid, therefore, pray that:
(A) YOUR LORDSHIP may be pleased to issue writ of mandamus and/or any other writ, order or direction in the nature of mandamus declaring the action of installation of 66 K.V Mehsana Kherva Electricity Line passing through the land of the Petitioners bearing Revenue Survey No.287 falling within the revenue limits of Village: Kukas, Taluka and Page 1 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024 NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined District: Mehsana as illegal, arbitrary, unjust, improper and against the law, it being contrary to the Government Gazette dated 11.02.2021; Ann "B"
(B) YOUR LORDSHIP may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus quashing and setting aside the decision of the Respondent No.3 - Executive Engineer (Const.), GETCO, Mehsana dated 26.08.2022 and further be pleased to direct the Respondent - Electricity Company to consider the case of the Petitioners for shifting of the 66 K.V Mehsana - Kherva Electricity Line passing through the land of the Petitioners being Revenue Survey No.287 of village Kukas, Taluka and District: Mehsana in accordance with law and pass necessary orders for shifting of the said 66 K.V Electricity Line in accordance with law; Ann "I"
(C) Pending admission, hearing and final disposal of the present Petition, YOUR LORDSHIP may be pleased to direct the Respondent - Electricity Company not to act further with regard to installation of the 66 K.V Mehsana - Kherva Electricity Line passing through the land of the Petitioners being Revenue Survey No.287 of Village: Kukas, Taluka and District: Mehsana; Ann "I"
(D) To pass such other further order as deemed fit in the facts and circumstances of the case.
3. The brief facts leading to filing of the present petition read thus:
Page 2 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined 3.1 The Petitioners herein are agriculturists, residing at Mehsana, having purchased the land bearing Revenue Survey No.287 admeasuring 32 Guntha falling within the revenue limits of Village: Kukas, Taluka and District:
Mehsana.
3.2 The Respondent - Electricity Company proposed to install 66 K.V electricity line and electricity pole, the same having been published in Gujarat Government Gazette Part-II, dated 11.02.2021. The said Gazette dated 11.02.2021 is duly produced at ANNEXURE-B. The said gazette refers to the area of operation for installing 66 K.V electricity line from 220 K.V Mehsana Sub-station to 66 K.V Kherva Sub-station. and reflects specific name of villages as the area of operation covered under the same.
The village Kukas does not reflect in Government Gazette and the land of the Petitioners belongs to the village Kukas.
3.3 The Respondent Electricity Company, without giving any prior notice or intimation to the Petitioners, commenced the exercise of installing the electricity line and poles. The Petitioners having found the same, inquired from the concerned person and was informed that the electricity pole is to be installed on the agricultural land i.e., the 'Shedha' land (divide between two agricultural fields) and 66 K.V electricity line also Page 3 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024 NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined passes through the petitioners' agriculture field bearing Revenue Survey No.287. The Petitioners, therefore, approached the Respondent No.4 Office and inquired about the aforesaid exercise undertaken by the Respondent Electricity Company. The Petitioners requested that the same would result in severe hardship in agricultural activity of the petitioner and agricultural land of the petitioner will be damaged. The Petitioners made an application for shifting of 66 K.V electricity line with requisite fees of Rs. 11,800/-. The Petitioners were orally informed that the Petitioners will have to bear expense upto Rs.50,000/- for the said shifting purpose. The Petitioners showed readiness and willingness to pay the said amount. An application came to be filed on 30.04.2022 requesting that the said line be shifted. Copies of the aforesaid application dated 30.04.2022 alongwith the receipt of Rs.11,800/- and the copy of demand draft are duly produced at ANNEXURE - "C" .
3.4. The Petitioners approached the Respondent authority from time to time, however, informed that the application is in process. The Petitioner was orally instructed to bring No Objection Certificates of neighboring agriculturists, the Petitioner though tried, was unable to get No Objection Certificates from the neighboring agriculturists. In view thereof, the Petitioner preferred a written application seeking information with regard to Page 4 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024 NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined the details of the Government Gazette and its details and other allied information, to facilitate petitioners to make appropriate application. The petitioners having found that the application made by the petitioners is not being duly processed on one hand and on the other hand the process of installation of electricity line was continued, a notice dated 28.7.2022, was issued to the Respondent - Electricity Company and also pointing out that the villages indicated in the gazette, with regard to which, the installation of 66 K.V electricity line and electricity pole, does not reflect village 'Kukas', wherein, the land of the Petitioners is located. It was brought to the notice of the concerned officer that the submissions / representations of the Petitioners be considered by notice dated 28.7.2022, which is duly produced at ANNEXURE- F. 3.5 By way of communication dated 23.08.2022, the Public Information Officer, GETCO communicated to the Public Information Officer of Executive Engineer (Const.), GETCO, Mehsana, wherein, it was asked to furnish certain information to the Petitioners (Annexure G).
3.6 The Respondent No.3 by communication dated 10.08.2022, wherein, the said Office informed that the application has been made by the Petitioners for shifting of the electricity line and the same is registered on Page 5 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024 NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined 04.05.2022 and, therefore, the intimation with regard to the same is not required. It was communicated that no work is being undertaken on the land bearing Revenue Survey No.287, which belongs to the Petitioners and that the gazette dated 11.02.2021, reflects the Simtal area of village Lakhvad and nearby areas are covered in the said gazette. The copy of the aforesaid communication dated 10.08.2022 is duly produced at ANNEXURE - H. 3.7 Within two weeks thereafter, i.e., on 26.08.2022, the Respondent No.3 took an arbitrary decision and passed non-reasoned order that the application made by the Petitioners for shifting of the electricity line "is not in force now onwards" and was informed that no further correspondence will be entertained in that regard. The reason given was that legal documents like No Objection Certificates from other land owners, not having being produced to the competent authority. The said application shows pending status, upon lapse of one month time limit on 13.08.2022 and the application of the Petitioner is treated as "not in force now onwards" (Annexure "I").
3.8 The Petitioners requested the Office of the Collector, Mehsana to consider his grievance raised by the petitioners, which was not taken into consideration by the Respondent-Electricity Company, by communication at Annexure "J".
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4. Being aggrieved and dis-satisfied with the aforesaid inaction on the part of the respondents, the petitioner has approached this Court invoking Article 226 of the Constitution of India, praying for the relief, as referred above.
5. Mr. Jigar Gadhavi, the learned advocate appearing for the petitioners submitted that the line in question i.e. 66 KV Mehsana-Kherva line passing through Survey No. 287 of village: Kukas, which forms the part of the Government Gazette dated 11.2.2021 and figures at Sr. No. 12, does not include village: Kukas, the same not forming part of the Government Gazette, it is not open for the respondent authority to lay down electricity line from the land bearing Revenue Survey No. 287, which belongs to the petitioner and in village: Kukas. It was submitted that in view of the aforesaid, the action on the part of the respondent authority of laying down 66 KV Mehsana - Kherva electricity line which passes through agricultural field bearing Revenue Survey No.287, belonging to petitioner in village: kukas, results in petitioner facing difficulty with respect to the agricultural activities of the petitioner. On the aforesaid ground alone, the impugned action undertaken by the respondent authority is required to be quashed and set-aside.
6. It was also submitted that the respondent authority acted in biased and malafide manner, in view of the fact Page 7 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024 NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined that the petitioner was permitted to make an application by depositing fees of Rs.11,800/- and thereafter declaring that the said application as not in force, without giving a personal hearing. The demand of No Objection Certificate is not supported by any position of law and the requirement is arbitrary requirement and, therefore, the action of the respondent- electricity company is required to be quashed and set-aside.
7. Mr. S.P. Hasurkar, the learned advocate appearing for the respondent authority submitted that the 66 KV Mehsana-Kherva line is laid on 25.7.2023.
7.1 On merits, it was submitted that the petitioner herein is aware that the aforesaid line is being laid through the land of the petitioner in view of the fact that the petitioner approached the respondent authority on on 30.4.2022 along with Cheque of Rs.11,800/- at page-28 and by issuing notice dated 28.7.2022 (page-35) (Annex. F). The said notice dated 28.7.2022 was replied to by the respondent authority on 10.8.2022 (Annex-"H" @ Page-
42). It was submitted that on 26.8.2022, in reference to the communication dated 4.5.2022, wherein the petitioner was asked to provide legal documents like NOC from land owners, which was informed to the petitioner telephonically as well as by Deputy Engineer, Mehsana, in person to the petitioners. Having not received the said Page 8 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024 NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined documents, within one month, the said application was held to be not in force and no further correspondence would be entertained. It was submitted that the contention of the petitioner that petitioner is not aware with respect to laying down of the line, therefore, does not hold good and the said contention is required to be rejected. It was submitted that public notice was also issued with reference to charging of the transmission line dated 20.8.2022 and a copy of permission of the Chief Electrical Inspector, for energizing of the line, dated 17.3.2023, was relied upon and the same is duly produced along with written submissions. It was submitted that the said public notice includes village Kukas, which is dated 20.8.2022. Reliance was placed on the ratio as laid down in the case of Himmatbhai Vallabhbhai Patel v. Chief Engineer (Project) Gujarat Energy Transmission and Ors., reported in 2011 (2) G.L.H 781, (Para-44).
8. Having considered the rival contentions, the following emerge:
1. The 66 KV Mehsana - Kherva line came to be published in the Government Gazette, dated 11.2.2021, duly produced at Page-23 wherein the said line is reflected in Clause-12, the same does not include village: Kukas. The petitioners have land in Page 9 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024 NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined village : Kukas and the said line in question passes through the petitioner's agricultural field.
2. The respondent authority issued public notice on 20.8.2022 with respect to laying down of the line, which includes village: Kukas. The petitioner prior thereto approached the competent authority by communications dated 30.4.2022 and various other communications for shifting of the line in question.
3. The respondent authority asked the petitioner to give necessary documents like NOC from the other land owners for shifting of the line in question, for considering the petitioner's request. It appears that the petitioner was not in a position to obtain NOC from nearby residents and land owners, which is undisputed.
4. The petitioner was informed as back as on dated 26.8.2022 that the correspondence is "filed"
and the application of the petitioners would not be considered. Subsequently, the petitioner approached this Court in April, 2023, fully aware about the communication dated 26.8.2022 (page-44).
9. At this stage, it is apposite to refer to the decision reported in 2011 (2) G.L.H 781, wherein Para-44 reads Page 10 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024 NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined thus:
"44. In this context, it is pertinent to note that in view of the fact that in all entries in respect of all areas, the phrase used in the said notice is "area around and between ....." and the names of all villages or any specific area or specific survey number through which the land is to be laid i.e. the area and survey number forming part of the route are not necessarily to be mentioned with all details in the notice".
10. Considering the aforesaid position of law and the facts of the present case, in the opinion of this Court, though it is undisputed that such line falls within the nearby area of Simtal area of Lakhvad village, which is mentioned in the Government Gazette dated 11.2.2021, is merely a proposal to lay down the electricity line. The petitioner was aware about laying down of the line in question having approached the respondent authority on 3.4.2022. It is also undisputed that respondent authority issued public notice on 20.8.2022. Perusal of the said public notice includes village Kukas in Clause-2, which is also uncontroverted.
10.1 The 66 KV Mehsana- Kherva Electricity Line is laid on 25.7.2023.
11. In line of the aforesaid, no interference is called for to exercise extra-ordinary jurisdiction under Article 226 of the Constitution of India.
Page 11 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024NEUTRAL CITATION C/SCA/4719/2023 ORDER DATED: 17/01/2024 undefined Mr. Hasurkar, the learned advocate for the respondent authority lastly submitted that the line having been laid, the petitioner has recourse to Section 17 of the Act and if the petitioners were to approach competent authority under Section 17, the same would be considered in accordance with law.
In line of the aforesaid, the present petition is not entertained and the same is dismissed.
(VAIBHAVI D. NANAVATI,J) SAJ GEORGE Page 12 of 12 Downloaded on : Tue Jan 23 20:33:52 IST 2024