Gujarat High Court
M/S. Renew Pvt. Ltd. Thro Dinesh Kotak vs State Of Gujarat on 9 May, 2024
NEUTRAL CITATION
R/SCR.A/5068/2024 ORDER DATED: 09/05/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE
PROTECTION) NO. 5068 of 2024
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M/S. RENEW PVT. LTD. THRO DINESH KOTAK
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS MEGHA JANI(1028) for the Applicant(s) No. 1
MR AV NAIR(5602) for the Respondent(s) No. 5,6,7
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 09/05/2024
ORAL ORDER
1. Rule. Learned advocates waive service of notice of Rule for the respective respondents.
2. By way of present petition, the petitioner seeks direction to commanding the respondent Nos.1 and 4 to grant police protection to the petitioner in respect of enabling the petitioner and its representative to carry out maintenance and repair work of Tower No.54 located over the bearing Survey No.127 situated at Village Mitha Pasvariya, Taluka Anjar, District Kutch and take all such steps as may be necessary to enable the officials/personnel of the petitioner to access the said lands to carry out repair and maintenance work.
3. Heard the learned advocates for the respective parties.
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4. The learned advocate for the petitioner has submitted that the petitioner company has approached this court for police protection to enable the petitioner and its representatives to carry out maintenance and repair work on Tower No. 54, located on Survey No. 127 in Village Mitha Pasvariya, Taluka Anjar, District Kutch. The petitioner is being restrained from entering the aforementioned land and conducting repair work on the towers. It is submitted that if the tower is not repaired in time, it will adversely affect not only the company but could potentially cause a hazard if the tower collapses. It is further submitted that the Central Electricity Authority, through an order, has conferred upon the petitioner all powers for laying transmission lines, similar to those possessed by a telegraph authority under the Indian Telegraph Act, 1885, subject to certain conditions. It is submitted that after receiving the appropriate approval, the petitioner company is laying down transmission lines and installing towers, for which compensation is also paid. Therefore, repair work is necessary.
5. It is further submitted that respondents No. 6 and 7 have filed several frivolous representations before different authorities and raised grievances regarding the actions of the petitioner company. Considering the provisions of the Indian Telegraph and Electricity Act, the learned advocate for the petitioner requests to allow the present petition by directing the police authority to provide them with police protection to carry out the maintenance and repair work.
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6. Per contra, the learned advocate for respondent Nos. 5 to 7 submits that they have no objection to the work being carried out, but they insist on full compensation being paid before proceeding. They argue that the petitioner has not fully compensated the respondents, and they fear that the petitioner's work may damage their standing crop. Hence, the grievance of the respondents may be taken into consideration.
7. Having heard the learned advocates for the respective parties and having considered the documents on record, it appears that several litigations are ongoing between the parties before the District Court as well as this Court under the Indian Electricity Act and Indian Telegraph Act for obtaining compensation. Respondent Nos. 6 and 7 have filed the petitions seeking direction for the petitioner to pay damages and requesting relief to remove the towers from their land. As the petition is ending before the Coordinate Bench and towers and lines are already being laid by the petitioner Company, including a 66 KV line, it is evident that the erection of towers could potentially pose a hazard. Additionally, the grievances raised by respondent Nos. 5 to 7 are subject to the outcome of proceedings pending before both the Coordinate Bench of this Court and the District Courts. Therefore, it is appropriate to issue an order allowing the petitioner to repair Tower No. 54, which is already erected and standing on the disputed land, especially considering that compensation has already been paid by the petitioner company. The dispute regarding the quantum of compensation, as discussed, is subject to the outcome of the proceedings. At the same time, addressing the risk of further Page 3 of 4 Downloaded on : Thu May 09 20:55:30 IST 2024 NEUTRAL CITATION R/SCR.A/5068/2024 ORDER DATED: 09/05/2024 undefined damage or hazards, carrying out the repair work is also important in the larger interest.
8. In view of the above, respondent Nos. 1 to 4 are directed to provide necessary protection to the petitioner company, its agents, or officials to access the land belonging to respondent Nos. 5 to 7 for carrying out maintenance and repair work on Tower No. 54, situated on Survey No. 127 in Village Mitha Pasvariya, Taluka Anjar, District Kutch, at the expense of the petitioner.
9. With the aforesaid directions, the present petition is disposed of accordingly. Rule is made absolute to the aforesaid extent.
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