Gujarat High Court
Narbheshankarbhai Arjanbhai Teraiya vs The State Of Gujarat on 26 August, 2020
Equivalent citations: AIR 2020 GUJARAT 207, AIRONLINE 2020 GUJ 703
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/9295/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.9295 of 2020
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NARBHESHANKARBHAI ARJANBHAI TERAIYA & 5 others
Versus
THE STATE OF GUJARAT & 3 others
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Appearance :
MR. BHARGAV K MEHTA for the Petitioners.
MR. KALRAV R PATEL for the Petitioners.
MR SP HASURKAR for the Respondent No.4.
MR TRUPESH KATHIRIYA, AGP for the Respondent Nos.1,2
NOTICE SERVED for the Respondent No.3.
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CORAM :HONOURABLE MR. JUSTICE A.J.DESAI
Date : 26/08/2020
ORAL ORDER
1. By way of the present petition under Articles 14, 16, 18, 19, 226 and 227 of the Constitution of India, the petitioners who are agriculturists and having agricultural lands at village Badel - Pipariya, Tal. Babra, Dist. Amreli have challenged the action on the part of the respondent No.4 of installing electric towers in their agricultural fields as well as also challenged the order dated 29.7.2020 passed by the Collector and District Magistrate, Amreli in Case No.Nachi/IEA/Case/Regi. No.05/2020 by which the learned Collector and District Magistrate, Amreli while exercising his power under the provisions of Section 16 (1) of the Indian Telegraph Act, 1985 has rejected the objections raised by the petitioners.
2. In response to the notice issued by this Court, the respondent No.4 has appeared through learned advocate Mr. S.P. Hasurkar and filed affidavit-in-reply dated 13.8.2020 and copy thereof is served to learned advocate appearing for the petitioner.
Page 1 of 4 Downloaded on : Thu Aug 27 05:51:29 IST 2020 C/SCA/9295/2020 ORDERThere is no rejoinder filed by the petitioners.
3. The short facts arise from the record are that the respondent No.4 intended to erect 66 KV Sub-Station between Lunidhar Substation to M/s. Vena Energy Shivkink Wind Power Private Limited and hence, a map was prepared to erect certain electric towers on different agricultural lands. When the question arose about installation of such towers on the lands belonging to the petitioners, objections were raised by the petitioners before the Collector and District Magistrate, Amreli who is an Authorized Officer under the provisions of the Indian Electricity Act, 1910 read with Indian Telegraph Act, 1985. The Collector and District Magistrate, Amreli by his order dated 29.7.2020 dismissed the objections of the petitioners. Hence this petition.
4. Mr. Kalrav R. Patel, learned advocate appearing for the petitioners would submit that the respondent authority has not considered the guidelines issued by the authorities with regard to installation of such towers to see that the agricultural fields of the farmers are not disturbed and, therefore, the electric towers should be erected in such a manner i.e. from the border of the agricultural fields so that the farmers can do agricultural activities without any difficulty. He would further submit that the respondent No.4 is trying to install the electric towers in such a manner which would create difficulty to them in using the agricultural lands for agricultural activities. By taking me through the map produced by the petitioners at page 16 of the petition, he would submit that one electric tower is installed in the middle of Survey No.212 which would create great difficulty for the farmer and, therefore, the authority may be directed to install the electric tower in such a manner that the same may not create hindrance in carrying out the Page 2 of 4 Downloaded on : Thu Aug 27 05:51:29 IST 2020 C/SCA/9295/2020 ORDER agricultural activities. He would submit that this aspect has not been properly dealt with by the Collector and District Magistrate, Amreli and hence, the present petition may be allowed and appropriate directions may be issued.
5. On the other hand, Mr. S.P. Hasurkar, learned advocate appearing for the respondent No. 4 - GETCO has taken me through the affidavit-in-reply dated 13.8.2020 and would submit that utmost care has been taken to see that the electric towers are erected on the border of each of the agricultural field. He would further submit that respondent No.4 has prepared a map for installation of the electric towers which suggests that minimum damage is caused to the farmers and without any difficulty, they can carry out the day to day agricultural activities. He has also taken me through Annexure R-I (Page 47) which is a map and would submit that except Survey No.212 which belonged to petitioner No.2, in all the other lands of the petitioners, electric towers are proposed to be erected on the border of each Survey Numbers. He would further submit that Survey No.212 is of such a shape and huge in area. However, only one electric tower is going to be installed in the said land. He would further submit that railway line is passing through Survey Nos.229 and 220 i.e. lands belonging to petitioner Nos.6 and 4 respectively and, therefore, the authority has also kept in mind to install the towers in such a manner and in straight line so that the guidelines issued by the authority is followed. He, therefore, would submit that this Court may not interfere with the decision taken by the respondent No.4 which has been rightly dealt with by the Collector and District Magistrate, Amreli while rejecting the objections raised by the petitioners. He, therefore, would submit that the petition may be dismissed.
Page 3 of 4 Downloaded on : Thu Aug 27 05:51:29 IST 2020 C/SCA/9295/2020 ORDER6. I have heard learned advocates appearing for the respective parties and perused the map produced by the petitioners as well as by the respondent No.4. It appears from Annexure R-I (Page 47) that the electric towers are proposed to be erected on the border of each Survey Numbers of those farmers who are before this Court except Survey No.212 which belongs to petitioner No.2. If geographical position of Survey No.212 is seen, the same is of almost rectangle shape and is a big area. The other survey numbers of the petitioners are adjacent to Survey No.212. Except Survey No.212, the respondent No.4 has made a design in such a manner that electric towers are erected on the border of each Survey Numbers. However, to make a straight line and when there is railway line passing through Survey Nos.229 and 220, the authority had no other alternate but to install the electric towers in the middle of only one land i.e. Survey No.212.
7. Considering the above facts, I am of the opinion that the Collector and District Magistrate, Amreli has rightly rejected the objections raised by the petitioners which does not call for any interference under Article 226 of the Constitution of India. Hence the present petition stands dismissed. Notice is discharged.
(A.J.DESAI, J) F.S. KAZI Page 4 of 4 Downloaded on : Thu Aug 27 05:51:29 IST 2020