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BIREN VAISHNAV
Torrent Power Limited – Appellant
Versus
Collector And District Magistrate, Patan – Respondent
JUDGMENT :
1. Rule returnable forthwith. Mr. Rohan Shah, learned AGP appearing for respondent State and Mr. Devdip Brahmbhatt, learned advocate appearing for the private respondents waive service of notice of rule. Heard learned advocates for the respective parties.
2. By way of this petition, under Article 226 of the Constitution of India, the petitioner – Torrent Power Limited has challenged the orders dated 12.10.2022 and 05.01.2023. By the order dated 12.10.2022, the respondent no. 2 has, while exercising powers under Section 16(3) of the Indian Telegraph Act, 1885 (for short ‘the Telegraph Act’) assessed the amount of compensation that needs to be paid to the respondent nos. 3 to 15 and vide order dated 05.01.2023, the petitioner company has been refused protection sought by it under Section 16(1) of the Telegraph Act.
3. Facts in brief are as under:
3.1 It is the case of the petitioner that it had been awarded two solar projects, one of 100 MW capacity by Gujarat Urja Vikas Nigam Limited and the other of 150 MW capacity by Torrent Power Limited – Distribution. These projects involved construction of two solar plants at Jakhotra and Babra. For the purposes of these projects, it wa
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