The main legal point established is that once the technical feasibility of a project is approved, landowners have no right to seek alteration of the route, and public interest in providing essential services must be given weightage over private interests.

JUDGMENT :

1. The present writ-application has been filed by the writ- applicants herein under Article 226 of the Constitution of India seeking following reliefs :-

“(A) To admit and allow this petition.

(B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the proposed diversion made by respondent nos.1 to 3 in the route alignment of 220 KV D/C Shapar Sub Station to 220 KV Ghiyawad Sub Station line on D/C Tower with AL59 Conductor with 24G OPGCL Cable passing from Chotila-Shapar to Ghiyavad by which instead of passing the 220KV line straight, the respondent nos.1 to 3 have proposed to lay line passing from the fields of petitioners from village Garida and village Samadhiyala, Taluka Vankaner, District Morbi for the reasons stated in the Memo of Petition and in the interest of justice.

(C) Pending admission, hearing and final disposal of this petition, be pleased to restrain the respondent nos. 1 to 3 from laying 220 KV D/C Shapar Sub Station to 220 KV Ghiyawad Sub Station line on D/C Tower with AL-59 Conductor with 24G OPGCL Cable passing from Chotila-Shapar to Ghiyavad from the fields of petitioners from village Garida and village Samadhiyala, Taluka Vankaner, District Morbi for the reasons stated in the Memo of Petition and in the interest of justice.

(D) To grant ad-interim relief in terms of Para-49(c) hereinabove.

(E) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require.

(F) To award the cost of this petition.”

2. The brief facts leading to the filing of the present petition read thus :-

2.1 The writ-applicants herein are having agricultural lands at village Garida, Taluka Vankaner, District Morbi and village Samadhiyala, Taluka Vankaner, District Morbi. The writ applicants herein are undertaking agricultural activities on their agricultural lands since years together.

2.2. The respondent nos.2 & 3 have proposed to erect of 220 KV D/C Shapar Sub Station to KV Ghiyawad Sub Station line on D/C Tower with AL-59 Conductor with 24G OPGCL Cable passing from Chotila-Shapar to Ghiyavad. The said line covers the writ-applicants' villages. The writ-applicants received notice from respondent no.3 intimating writ-applicants that respondent nos.2 & 3 will be erecting the said 220 KV line from the lands of writ-applicants.

2.3 By way of the present writ-application, writ-applicants herein have challenged legality and validity of the said action of respondent nos. 1 to 3 who have diverted the 220 KV line known as of 220 KV D/C Shapar Sub Station to 220 KV Ghiyawad Sub Station line on D/C Tower with AL-59 Conductor with 24G OPGCL Cable passing from Chotila-Shapar to Ghiyavad by making sharp deviation in the alignment on account of political pressure and money pressure of respondent no.4, a Company owned and managed by Oreva Group of Companies. The respondent no.4 has been allotted 168 acres of land by the Government of Gujarat from government waste land of village Garida, Taluka Vankaner, District Morbi for the purpose of setting up Tourism Project and thereby respondent nos.1 to 3 have shifted the line on the application made by respondent no.4 on 4.2.2022 and now the line in question will travel 11 Km passing from agricultural lands of village Garida and Samadhiyala and, therefore, writ-applicants herein have challenged legality and validity of the action of respondent nos.1 to 3 who have made change in the alignment of the 220 KV line under the pressure of respondent no.4 at the cost of poor agriculturists.

3. Heard Mr. B. T. Rao, the learned advocate appearing for the writ-applicants, Mr. S. P. Hasurkar, the learned advocate appearing for the respondents No.2 and 3, Mr. N. V. Gandhi, the learned advocate appearing for the respondent No.4 and Mr. Trupesh Kathiriya, the learned AGP appearing for the respondent No.1 – State. Submissions on behalf of the writ-applicants :-

4. Mr. B.