Point of Law: 10(d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c) shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.

ORDER :

1. This petition is filed under Article 226 of the Constitution of India, in which, the petitioners have prayed for the following reliefs,

“(a) Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction in the nature of mandamus and be further pleased to direct respondent no. 3 to produce all the documents, materials, papers, surveys, maps, etc. relating to their proposed route before my Lordships to satisfy/verify that the said proposed route is finalized after following due process of law and this is the only best opinion available with respondent no. 3 to lay down a 765KV overhead high tension lines which will pass from the petitioner's land and from the Village Amreshwarpura, Taluka Waghodia, District Vadodara.

(b) Your Lordship may be pleased to issue a writ of certiorari or any other appropriate writ, order, or direction in the nature of certiorari and be pleased to quash the proposed route of respondent no. 3 if it is not in accordance with the law and is proposed without following due process of law.

(c) Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction in the nature of mandamus and be further pleased to direct the respondent no. 3 to reroute/alter the subjected hightension electricity line upon the alternate route.

(d) Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction in the nature of mandamus and be further pleased to direct the respondent no. 3 to submit their representations before respondent no. 5 raising their grievances which may be considered and appropriate decision be taken by respondent no. 5 after giving an opportunity to the petitioners as well as in accordance with the law.

(e) Till the admission, pendency, final hearing, and disposal of the present petition, Your Lordship may be pleased to restrain respondent no.3 from installing/erecting any transmission lines and towers and/or felling any trees or removing any agricultural produce upon and in the petitioners' agricultural lands from their proposed route and further be pleased to restrain respondent no. 3 from acting contrary to the Act and the Rules.

(f) xxx xxx xxx.

(g) xxx xxx xxx.”

2. Heard learned advocate, Mr.Saket A. Waghela for the petitioners, learned Assistant Government Pleader Mr.Ronak Raval for respondent No.2 and 5 and learned advocate Mr.S.P. Hasurkar for respondent No.3.

3. Learned advocate for the petitioners has referred the averments made in the memo of the petition and, thereafter, contended that the petitioners are owners of the agricultural lands situated at Villages : Amreshwarpura, Taluka : Waghodia, District : Vadodara, details of which, are given in Paragraph No.4.1 of the petition. It is submitted that officer of respondent No.3, without conducting any proper inquiry, highhandedly entered into the land of the petitioners on 15.12.2020 and, thereafter, the petitioners were informed that respondent no.3 is proposing to lay down a 765 KV D/c overhead hightension lines from their lands. It is submitted that when the petitioners resisted said unreasonable action of the officer of respondent No.3, he had given threats to the petitioners. He submitted that thereafter, the petitioners have issued notice dated 16.12.2020 through their advocate to respondent No.3 and thereby the petitioners have objected to the action of the Officer of respondent No.3. At this stage, learned advocate has also referred to the reply dated 26.08.2020 given by respondent No.3. It is further submitted that because of the laying down of the transmission line in question, the petitioners will suffer irreparable loss. It is also contended that request was made to the respondents to change the route of the said transmission line, however, no response is given by respondent No.3. It is further submitted that the petitioners have also made a representation for grant of compensation. However, respondent N