JUDGMENT :

SANDEEP N. BHATT, J.

1. The present petition is filed by the petitioners with the following main prayers:

“7(A) Your Lordships be pleased to issue appropriate writ, order and/or directions, quashing and setting aside the impugned order dated 04.12.2019 passed by respondent no. 2 (Annexure A) and further be pleased to direct respondent no. 2 to reconsider his decision and not to allot land bearing survey no. 569 paiki 1 situated at village Virvav, village Tankara, District : Morbi to respondent no. 4 for the purpose of construction of wind mill.

(B) Your Lordships be pleased to issue appropriate writ, order and/or directions, directing respondent no. 2 to take appropriate steps to forbear respondent no. 4 from installing High Tension Poles for wind mill on the land allotted to it by respondent no. 2 viz. On the land bearing survey no. 549 paiki 1 situated at village Virvav, village Tankara, District : Morbi, in the interest of justice.

(C) Pending admission hearing and till final disposal of this petition, Your Lordships be pleased to stay operation, execution and implementation of impugned order dated 04.12.2019 passed by respondent no. 2 in the interest of justice.

(D) xxx”

2. Heard Mr.Pratik Jasani, learned advocate for the petitioners, Mr.Meet Thakkar, learned AGP for the State Authorities and Mr.Ishan Joshi, learned advocate for the private respondent at length.

3. Rule. Learned AGP Mr.Meet Thakkar and learned advocate Mr.Ishan Joshi waive service of notice of rule on behalf of the respective respondents.

4.1 Mr.Pratik Jasani, learned advocate for the petitioners has submitted that respondent No. 2 ought to have appreciated that though the land bearing survey no. 569 paiki 11 is a Government waste land, same is forming part of the panchayat and therefore, it is mandatory on the part of the respondent no. 4 to obtain permission from the village panchayat first as provided under Section 104 of the Gujarat Panchayats Act, 1993 or the respondent no. 2 is required to take nod of the concerned panchayat or atleast to take the opinion of the said authority.

4.2 He has further submitted that a wind mill is a process of generating wind energy through a towering structure. The wind process through air foil section of the blades attached to the wind mill and the lift produces due to aerodynamics of the air foil generates torque which is then transformed to electricity in the generator. He has submitted that the wind mill converts wind energy into mechanical energy of turbine and it is then converted into electricity which later on passes to the grid. Therefore, in view of Section 2(k) of the Factories Act, 1948, such process is called ‘manufacturing process’ and also consider ‘power’ which is defined under the provisions of 2(g) of the Factories Act, 1948.

4.3 He has further submitted that erection of wind mill is for the purpose of generating electricity and thereafter transmitting it to power grid of the concerned electricity company and therefore, there would be necessity of further installing/putting up high tension wire lines. He has submitted that for installing such high tension wire lines, mandatory provisions as provided under Section 12 of the Electricity Act are required to be followed and requisite permission is required to be obtained, which is not obtained in the present case.

4.4 He has further submitted that the petitioners have time and again made oral representations to the Authorities that due to such wind mill, noise pollution will be created and therefore, he has submitted that the impugned action of respondent no. 2 to pass the order dated 04.12.2019 is highly unjust, improper, illegal and arbitrary and is required to be quashed and set aside.

5.1 Per contra, Mr. Meet Thakkar, learned AGP for the State Authorities has, by heavily relying upon the affidavit-in-reply filed by the respondent no. 2-the Collector, Morbi, through the Mamlatdar, vehemently opposed this petition and has submitted that the State Government