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2020 Supreme(Guj) 603

BIREN VAISHNAV
Somji Karamsinh Patel – Appellant
Versus
District Collector and District Magistrate, Kutchh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mehulsharad Shah.
For the Respondent: Mr. Siraj R. Gori, Mr. Kanva M. Antani, AGP.

JUDGMENT :

1. Heard Mr. Mehul Sharad Shah for the petitioner, Mr. Siraj Gori for the respondent NO.2 and Mr. Kanva Antani, learned AGP for respondent No.1. The prayers in the petition, read as under:

    "8 (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. 291 of village Devpar, 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 from the nearby Kharaba land of the government 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."

2. The facts in brief are as under:

    2.1 It is the case of the petitioners that they are the owners of land bearing survey no. 291 of village Devpar talu

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