1. Since common issue is involved in both these petitions, both the petitions are being heard and disposed of together by this common judgment and order.

2. Special Civil Application No. 2813 of 2010 is filed by two petitioners. The petitioner No.1 is a national and citizen of India whereas the petitioner No.2 is a Trust registered under the Bombay Public Trust Act with the Charity Commissioner, Gujarat, for the object of imparting education and other similar activities. The petitioner No.1 is the owner and occupier of Block No. 1623 of moje Village Jetalpur, Taluka -Daskroi and District and Sub-District Ahmedabad, whereas land bearing Block No. 1596, is owned and occupied by the petitioner No.2 “ Trust of moje Village Jetalpur, Taluka “ Daskroi, District & Sub-District “ Ahmedabad, and both the lands of the petitioners are situated just opposite to each other across the Highway, called National Highway No.8.”

3. The petitioner in Special Civil Application No. 2814 of 2010 is also a public trust, registered with the Charity Commissioner, Gujarat. The land bearing Block Nos. 1054, 1055, 1056, 1057, 1058, 1059, 1065, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1066 and 1067 of moje Village Jetalpur, Taluka “ Daskroi, District and Sub-District - Ahmedabad and the land in question bearing Block No. 1593, which is situated just adjoining, are owned and occupied by the said Trust. In the said land, the Trust is running Primary, Secondary and Higher Secondary Schools. Over and above the schools in the said premises, there are several colleges run and managed by the said Trust, namely, B.Ed., P.T.C., Government Hospital which is run and managed by the Trust situated in the said plots and one Degree Engineering College. Thus, it is an educational campus created by the Trust.”

4. In both these petitions, the petitioners have prayed for quashing and setting aside the impugned decision of Respondent No.4 dated 22.02.2010 passed on the application made by Respondent No.1 Company, dated 21.12.2009 and thereby quashing and setting aside the impugned decision of laying High Tension Power Lines passing through the lands of the petitioners and thereby permanently restraining the respondent Nos. 1 and 2 from laying down said High Tension Power Lines by erecting Towers on the land belonged to the petitioners and further be pleased to direct the concerned respondents to lay the High Tension Power Lines by shifting the same to Karaba land of the Government, which is available and is situated nearby to the lands belonged to the petitioners.

5. This Court has issued Notice to the Respondents returnable on 10th of March, 2010 and it was directed that respondent shall not enter the land of the petitioners till the next date of hearing. The said interim relief was continued from time to time.

6. It is the case of the petitioners that the respondent Nos. 1 and 2 are the “State” within the meaning of Article 12 of the Constitution of India. The respondent No.3 is appointed as contractor to lay down the disputed High Tension Power Lines, passing through Jetalpur area, where the land owned and occupied by the petitioners are located, to erect electric towers. The Respondent No.4 is the State Authority, who permitted respondents to carry on the work of laying down High Tension Power Lines. It is also the case of the petitioners that somewhere in the month of July, 2009, Officers of respondent No.1 along with Surveyor and Engineers of respondent No.1 company , other officers and Lineman of respondent No.3 -one Daulatbhai Dabhi have personally visited the lands of the petitioners and appraised the petitioners regarding the project contemplated by the respondents to lay High Tension Power Lines passing through their lands and have collected soil sample of the land. They have informed that if the petitioners have any objection for laying of High Tension Power Lines passing through their lands by erecting Electric Towers, they may do so by writing proper applic