Gujarat High Court
Patel Vasudevbhai Hargovandlal vs District Magistrate And ... on 7 January, 2021
Bench: R.M.Chhaya
C/LPA/1819/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1819 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 14858 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/LETTERS PATENT APPEAL NO. 1819 of 2019
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PATEL VASUDEVBHAI HARGOVANDLAL
Versus
DISTRICT MAGISTRATE AND COLLECTOR
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Appearance:
NAMAN H KINKHABWALA(8831) for the Appellant(s) No.
1,10,11,12,13,14,15,16,17,18,2,3,4,5,6,7,8,9
MR SP HASURKAR(345) for the Respondent(s) No. 2,3
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE R.P.DHOLARIA
Date : 07/01/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1. Heard Mr.Naman Kinkhabwala, learned
advocate for the appellants, Mr.Tirthraj Pandya,
learned AGP for respondent No.1 and
Mr.S.P.Hasurkar, learned advocate for respondent
Nos.2 and 3.
2. The present appeal is directed against
the judgment and order dated 27.9.2019 passed by
learned Single Judge in Special Civil Application
No.14858 of 2019.
C/LPA/1819/2019 ORDER
3. Suffice it to note that the appellants
original petitioners have filed the petition
under Article 226 and prayed for the following
reliefs.
A. Be pleased to quash and set aside
the impugned order at Annexure-A dated
12/7/2019 passed by respondent
Collector, District Gandhinagar upon an
application of Gujarat Energy
Transmission Corporation Limited u/s 16
of the Indian Telegraph Act, 1885
holding and declaring the same to be
illegal and unconstitutional;
B. Be pleased to permanently restrain
the respondent no.2 from implementing,
executing or putting into action in any
manner whatsoever the order at Annexure-
A dated 12/7/2019 passed by respondent
Collector, District Gandhinagar upon an
application of Gujarat Energy
Transmission Corporation Limited u/s 16
of the Indian Telegraph Act, 1885;
C. During the pendency and/or final
disposal of present petition, be pleased
to stay the impugned order at Annexure-A
dated 12/7/2019 passed by respondent
Collector, District Gandhinagar upon an
application of Gujarat Energy
Transmission Corporation Limited u/s 16
of the Indian Telegraph Act, 1885;
D. Independently of prayers A to C, be
pleased to direct respondents to
undertake the exercise of passing award
and thereby determine Market Value of
land to be acquired following mandate of
notification dated 28.08.2015 issued by
the Ministry of Rural Development and
C/LPA/1819/2019 ORDER
apply in true spirit and object Schedule
I, II and III of the Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and
Resettlement Act, 2013 and determine the
amount of fair compensation providing
rehabilitation, resettlement and
infrastructure amenities."
4. The predominant challenge in the writ
petition was to the order dated 12.7.2019 passed
by respondent No.1 herein under the provisions of
the Indian Telegraph Act 1885. Learned Single
Judge, after considering the contentions raised
and considering the judgment of the Madras High
Court in the case of D.Rajendran and others Vs
Tamil Nadu Electricity Board and others in
W.A.No.1294, has categorically come to the
conclusion that majority of the transmission
towers on the sanctioned route of transmission
line are already erected and stringing is also
done except agricultural field of the petitioners
and therefore, in the public interest also it
would be necessary to permit the respondents for
laying down towers as expeditiously as possible.
All the contentions raised have been dealt with
by the learned Single Judge and the learned
Single Judge has been pleased to dismiss the
petition. We are in total agreement with the
reasons assigned by the learned Single Judge. In
addition to that, it is pointed out at the bar
that the order impugned at Annexure-A to the
petition is already executed. So far as the
C/LPA/1819/2019 ORDER
prayer for compensation is concerned, it is open
for the appellants original petitioners to
approach the appropriate authority, if in any way
aggrieved by the market value. Otherwise, on
merits, no interference is called for. The appeal
is meritless and the same stands dismissed. There
shall be no order as to costs.
5. In view of the above order, the Civil
Application does not survive and stands disposed
of accordingly.
(R.M.CHHAYA, J)
(R.P.DHOLARIA, J)
H.M. PATHAN
