Dhavalbhai Muljibhai Voraliya vs Jamkhambhaliya Transco Ltd
2021 Latest Caselaw 10215 Guj

      C/SCA/10450/2021                                                    ORDER DATED: 31/07/2021




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 10450 of 2021
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            DHAVALBHAI MULJIBHAI VORALIYA
                          Versus
             JAMKHAMBHALIYA TRANSCO LTD
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Appearance:
MR PUNIT B JUNEJA(3972) for the Petitioner(s) No. 1
MR ANAL S SHAH(3988) for the Respondent(s) No. 3
MR ISHAN JOSHI AGP for the Respondent(s) No. 2
MS GAURAV MATHUR FOR M/S. SINGHI & CO(2725) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                       Date : 31/07/2021

                                         ORAL ORDER

1. Heard learned Advocate Shri Punit B. Juneja for the petitioner, learned Advocate Shri Gaurav Mathur for M/s. Singhi & Co. for the respondent No.1, learned AGP Shri Ishan Joshi for the respondent No.2 and learned Advocate Shri Anal S. Shah for the respondent No.3.

2. In view of the submissions made by the learned Advocates for the parties, more particularly, in view of the fact that there are prima facie divergent views taken by the Division Bench of this Court in the decisions placed before this Court in the cases of (1) Himmatbhai Vallabhbhai Patel Vs. Chief Engineer (Project) Gujarat Energy Transmission and Ors. reported in 2011(2) GLH 781, (2) Dilipsingh Chauhan Vs. Gujarat Urja Vikas Nigam Ltd. reported in 2013 SCC Guj. Online 4492 and (3) Gujarat State Energy Transmission Corporation Ltd. Vs. Ratilal Maganji Brahmbhatt (Barot) (Letters Patent Appeal No.534 of 2020 dated 06.11.2020), therefore, at this stage, this Court deems it appropriate to modify the interim relief granted vide order dated 27.07.2021 with the following directions:

(1) The petitioner herein to be given an opportunity of hearing by

C/SCA/10450/2021 ORDER DATED: 31/07/2021

the respondent No.2 herein whereas observation against the present petitioner as made in the order dated 03.04.2021 impugned in the present petition shall not be relied upon any further by the concerned Authority.

(2) It is clarified that the hearing given to the present petitioner would be in so far as requesting the respondent No.2 to issue appropriate Guidelines to the respondent No.1 to ensure as minimum damage as possible to the lands and / or standing crops of the present petitioner and also for the purpose of requesting respondent No.2 to decide the compensation which would be made available to the present petitioner.

At this stage, learned Advocate Shri Mathur submits that by the time, present petitioner has approached this Court, the foundation of the tower had already been made by the respondent No.1 and where as he assures this Court that as far as remaining part of the structure is concerned, the respondent No.1 will endeavour and ensure that they would cause as minimum damage as possible to the land / property / standing crops of the present petitioner.

3. Having regard to the observations and directions above, the respondent No.2 to give an appropriate hearing to the present petitioner within a period of one week from today and whereas a decision to be communicated to the present petitioner within a period of two weeks thereafter. Present petition is adjourned to 31.08.2021.

4. In the meanwhile, it is clarified that the order of status-quo is now no more enuring in favour of the present petitioner, the respondent No.2 is at liberty to carry forward the project in question in so far as the land in question.

C/SCA/10450/2021 ORDER DATED: 31/07/2021

Learned Advocates for the respective parties are at liberty to submit compilation of judgments by the next date.

(NIKHIL S. KARIEL,J) Y.N. VYAS