Premji Kheta Divani @ Patel vs District Collector And District ...
2021 Latest Caselaw 6040 Guj

     C/SCA/8405/2020                              ORDER DATED: 15/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 8405 of 2020
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                  PREMJI KHETA DIVANI @ PATEL
                            Versus
      DISTRICT COLLECTOR AND DISTRICT MAGISTRATE KUTCHH
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Appearance:
MR MEHULSHARAD SHAH(773) for the Petitioner(s) No. 1
MR AKSHAT KHARE(5912) for the Respondent(s) No. 2
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
                   Date : 15/06/2021
                    ORAL ORDER

By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

"(A) to issue a writ of mandamus or any other appropriate writ, order or direction, permanently restraining the respondents from installing electric poles and laying high-tension transmission lines from the land bearing Survey No. 202 at village Tharavada, Taluka Nakhatrana and be further pleased to direct the respondents to remove the part construction of the electric poles already installed over the said agricultural land;

(B) In the alternative, to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to erect the electricity poles and high-tension transmission lines on the border of the agricultural field and to follow the principles of "least damage" and to pay appropriate compensation before entering into and installing the high-tension transmission line, if at all it is required.

(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to restrain the respondents from erecting any electricity pole or laying down any high-tension transmission line from the agricultural field bearing Survey No. 202 of village Tharavada, Taluka Nakhatrana;

C/SCA/8405/2020 ORDER DATED: 15/06/2021

(D) To pass such other and further orders as may be expedient and necessary in the circumstances of the case."

2. During the course of submissions, learned advocate Mr. Mehul Sharad Shah for the petitioner has candidly and fairly submitted that the issues which have been raised in the present proceedings are no longer open for him to agitate since the Division Bench of this Court has already decided by judgment dated 06.11.2020 delivered in Letters Patent Appeal No. 534 of 2020. After referring to paragraphs 58.3 and 58.8 of the judgment, learned advocate Mr. Shah has submitted that only issue which is left open for the petitioner is to agitate about the compensation to be paid to the petitioner since the agricultural field of the petitioner is being utilized by the respondent authority. While making this submission, learned advocate Mr. Shah has drawn the attention of this Court on page 43 of the petition compilation and assertion made in paragraph 12 of the affidavit-in-reply filed by respondent No.2 and has submitted that since the District Magistrate is already approached for deciding the issue related to compensation, at least, that issue may be directed to be dealt with at the earliest. Without submitting any further on any of the issues, learned advocate Mr. Shah has candidly submitted that some appropriate directions be issued while disposing of the petition so as to see that the compensation issue can be cleared at the earliest.

3. To this submission, learned advocate Mr. Akshat Khare appearing on behalf of the authority has no objection. On the contrary, learned advocate Mr. Khare has fairly submitted that the petitioner as well as the Electricity Company both will jointly make a request to the District Magistrate where the issue of compensation is pending for early disposal.

C/SCA/8405/2020 ORDER DATED: 15/06/2021

4. Hence, in view of above limited submission made by both the learned advocates, the Court is of the opinion that the petitioner is permitted to withdraw the petition on following lines which would meet the ends of justice :-

4.1 The petitioner and the respondent Electricity Company are permitted to make a suitable request to the concerned District Magistrate within a period of 10 days from today to decide the request made vide communication dated 19.03.2020 as well as communication dated 12.06.2020.

4.2 Since the issue is related to compensation, as and when such request is received by the concerned District Magistrate, the said request shall be dealt with as expeditiously as possible and preferably within a period of eight weeks from the date of receipt of such request.

4.3 It is made clear that this Court has not expressed any opinion with regard to the issue of compensation. It would be independently decided by the learned District Magistrate on its own merits and in accordance with law.

5. Since no other issues have been raised in the present proceedings, the Court is disposing of the matter on aforesaid line as requested.

6. With the above observation and direction, the petition stands disposed of as not pressed.

Direct service is permitted.

(ASHUTOSH J. SHASTRI, J)

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