The main legal point established in the judgment is that the authority's decision under the Indian Telegraph Act, 1985, to install electric towers on agricultural lands must consider minimizing damage to the lands and practical constraints, which influenced the court's decision to dismiss the petition.

ORDER :

A.J. Desai, J.

1. By way of the present petition under Articles 14, 16, 18, 19, 226 and 227 of the Constitution of India, the petitioners who are agriculturists and having agricultural lands at village Badel - Pipariya, Tal. Babra, Dist. Amreli have challenged the action on the part of the respondent No. 4 of installing electric towers in their agricultural fields as well as also challenged the order dated 29.7.2020 passed by the Collector and District Magistrate, Amreli in Case No. Nachi/EA/Case/Regi. No. 05/2020 by which the learned Collector and District Magistrate, Amreli while exercising his power under the provisions of Section 16 (1) of the Indian Telegraph Act, 1985 has rejected the objections raised by the petitioners.

2. In response to the notice issued by this Court, the respondent No. 4 has appeared through learned advocate Mr. S.P. Hasurkar and filed affidavit-in-reply dated 13.8.2020 and copy thereof is served to learned advocate appearing for the petitioner. There is no rejoinder filed by the petitioners.

3. The short facts arise from the record are that the respondent No. 4 intended to erect 66 KV Sub-Station between Lunidhar Substation to M/s. Vena Energy Shivkink Wind Power Private Limited and hence, a map was prepared to erect certain electric towers on different agricultural lands. When the question arose about installation of such towers on the lands belonging to the petitioners, objections were raised by the petitioners before the Collector and District Magistrate, Amreli who is an Authorized Officer under the provisions of the Indian Electricity Act, 1910 read with Indian Telegraph Act, 1985. The Collector and District Magistrate, Amreli by his order dated 29.7.2020 dismissed the objections of the petitioners. Hence this petition.

4. Mr. Kalrav R. Patel, learned advocate appearing for the petitioners would submit that the respondent authority has not considered the guidelines issued by the authorities with regard to installation of such towers to see that the agricultural fields of the farmers are not disturbed and, therefore, the electric towers should be erected in such a manner i.e. from the border of the agricultural fields so that the farmers can do agricultural activities without any difficulty. He would further submit that the respondent No. 4 is trying to install the electric towers in such a manner which would create difficulty to them in using the agricultural lands for agricultural activities. By taking me through the map produced by the petitioners at page 16 of the petition, he would submit that one electric tower is installed in the middle of Survey No. 212 which would create great difficulty for the farmer and, therefore, the authority may be directed to install the electric tower in such a manner that the same may not create hindrance in carrying out the agricultural activities. He would submit that this aspect has not been properly dealt with by the Collector and District Magistrate, Amreli and hence, the present petition may be allowed and appropriate directions may be issued.

5. On the other hand, Mr. S.P. Hasurkar, learned advocate appearing for the respondent No. 4 - GETCO has taken me through the affidavit-in-reply dated 13.8.2020 and would submit that utmost care has been taken to see that the electric towers are erected on the border of each of the agricultural field. He would further submit that respondent No. 4 has prepared a map for installation of the electric towers which suggests that minimum damage is caused to the farmers and without any difficulty, they can carry out the day to day agricultural activities. He has also taken me through Annexure R-I (Page 47) which is a map and would submit that except Survey No. 212 which belonged to petitioner No. 2, in all the other lands of the petitioners, electric towers are proposed to be erected on the border of each Survey Numbers. He would further submit that Survey No. 212 is of such a shape and huge in area. However, only one