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2015 Supreme(Guj) 266

ABHILASHA KUMARI
KASHIBEN LAKHMANBHAI – Appellant
Versus
GUJARAT ENERGY TRANSMISSION CORPORATION LTD. – Respondent


Advocates:
Advocate Appeared:
MR P P MAJMUDAR, ADVOCATE for the Petitioners No. 1
MR SP MAJMUDAR, ADVOCATE for the Petitioners No. 1
MR MP PRAJAPATI, ADVOCATE for the Respondents No. 2
MR SP HASURKAR, ADVOCATE for the Respondents No. 1

JUDGMENT :

ABHILASHA KUMARI, J.

1. Rule. Mr. S.P. Hasurkar, learned advocate, waives service of notice of Rule for respondent No.1 and Mr. M.P. Prajapati, learned advocate, waives service of notice of Rule for respondent No.2. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the petition is being heard and decided finally.

2. By preferring this petition under Article 226 of the Constitution of India, the petitioner has, inter alia, challenged the action of respondent No.1Gujarat Energy Transmission Corporation Limited (GETCO), in changing the alignment of the High Tension (HT) lines, so as to cover the land of the petitioner at Block No.66 of Village Kathor, Taluka Kamrej, District Surat. The petitioner has further prayed to quash and set aside the communication dated 15.01.2014, issued by respondent No.1GETCO, regarding the change of alignment of the HT lines in order to minimize the loss caused to respondent No.2.

3. The brief facts of the case are as follows:

3.1 The petitioner is the owner and occupier of the land situated at Block No.66, admeasuring 3.37.72 sq. meters, in Village Kathor, Taluka Kamrej, Distr






















































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