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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VAIBHAVI D. NANAVATI, J.
Rasikaben Vikramsinh Chauhan – Petitioner
Versus
State Of Gujarat – Respondent
R/Special Civil Application No. 12223 Of 2021
Decided On : 10-06-2022
Electricity Transmission - Land Dispute - Electricity Act 2003, Section 63 - The court discussed the provisions of the Electricity Act 2003, particularly Section 63, and the powers of the Telegraph Authority under the Act. The court emphasized the technical nature of determining the transmission line route and the public interest in providing electricity to a larger section of the people and industrial establishments. The court held that once the technical feasibility of the project is approved by the appropriate Government, it is not open for the landowner to seek realignment of the route. The court also highlighted that the District Magistrate has no power to alter the route or alignment, except to remove difficulties faced by the licensee. The court further emphasized that public interest in providing electricity should be given weightage over private interest.
Fact of the Case:
The writ-applicant, owner of agricultural land, challenged the laying of a transmission line over their land. The respondent authority had obtained all necessary approvals and permissions for the project. The writ-applicant sought a writ to quash the order directing the construction of the transmission line over their land and requested the line to be deviated to 'Gauchar land'.
Finding of the Court:
The court rejected the writ-application, emphasizing that the writ-applicant had no vested right to seek alteration of the route, as the necessary permissions had been obtained by the respondent authority. The court held that the public interest in providing electricity should be given precedence over the private interest of the landowner. The court also highlighted that the District Magistrate has no power to alter the route or alignment, except to remove difficulties faced by the licensee.
Issues: The main issue was whether the writ-applicant had the right to object to the laying of the transmission line over their land and seek realignment of the route.
Ratio Decidendi: The court held that once the technical feasibility of the project is approved by the appropriate Government, it is not open for the landowner to seek realignment of the route. The court emphasized the public interest in providing electricity and the limited power of the District Magistrate to alter the route or alignment.
Final Decision: The court rejected the writ-application, stating that the writ-applicant had no vested right to seek alteration of the route, as the necessary permissions had been obtained by the respondent authority. The court emphasized the public interest in providing electricity and the limited power of the District Magistrate to alter the route or alignment.
JUDGMENT :
1. The present writ-application has been filed under Article 226 of the Constitution of India seeking the following reliefs :-
(AA) Your Lordships may be pleased to allow the present petition and issue a writ of certiorari or any other appropriate writ, order or any other direction and quash and set aside the order dated 17/09/2021 passed by the Ld. Sub Divisional Magistrate.
(B) Pending the hearing and final disposal of the present Petition, Your Lordships may be pleased to stay the operation, execution and implementation of installation of overhead transmission lines and electricity poles on the subject land belonging to the Petitioner and all related activities thereto.
(C) Your Lordships may be pleased to pass ex-parte as interim relief in terms of Prayer (B) may kindly be granted.
(D) Your Lordships may be pleased to pass such other and further orders/reliefs as may be deemed just and proper in the interest of justice.”
2. The facts germane for adjudication of the present writ-application as stated by the writ-applicant are stated thus :-
2.1 The writ-applicant purchased the agricultural land by Registered Sale Deed bearing Survey No./Block No. 258 (Old Survey No. 111) admeasuring 6499 sq. mtrs. situated at Village : Bhanpura, Tal : Aanklav, Dist: Anand. The writ-applicant being the rightful owner and occupier of the subject land his name came to be mutated by Mutation Entry No. 1075 in Village Form No.6.
2.2 By order dated 31.03.2015 the Development Officer granted permission to the writ-applicant to convert the subject land into non-agricultural and the Mutation Entry came to be given effect into revenue records and copy of Village Form No.6 by Mutation Entry No. 1266 dated 23.04.2015.
2.3 The respondent authority by notification dated 01.02.2019 issued by the Central Electricity Authority: Government of India under Section 63 of the Electricity Act 2003, is granted license to lay a transmission line of 765 KV D/C High Tension Power Lines from Lakadia (Bhuj) to Waghodia (Vadodara).
2.4 Notice came to be issued by the respondent authority on 12.06.2021 upon the writ-applicant informing about the said project of erecting the transmission lines and further informed the writ-applicant to file their objections, if any with regards to the above referred project.
2.5 The writ-applicant by letter dated 23.06.2021 raised objections against the said notice issued by the respondent authority. Without deciding the objections the respondent authority initiated the activity of erecting electricity poles on the subject land.
2.6 The respondent (Sterlite Power) by its reply dated 01.07.2021 requested to the writ-applicant to refrain from obstructing the project of laying down the transmission line through the said route and further assured that the writapplicant will be entitled to receive adequate compensation.
2.7 Taking into consideration the objections and representation raised by the writ-applicant and other land owners/farmers the Sub-Divisional Magistrate, Borsad issued notice dated 12.7.2021 whereby it was intimated that the hearing with respect to the permission granted for erecting transmission line was kept on 21.8.2021. The Sub-Divisional Magistrate after hearing respective parties by order dated 17.9.2021 directed the respondent authority to erect transmission line over the land belonging to the writ-applicant.
2.8 It is stated that the Sub-Divisional Magistrate by impugned order has not dealt with the submissions of the writapplicant and straightway directed the respondent authority to lay the transmission line over the subject land belonging to the writ-applicant.
2.9 The writ-applicant approached this Court by filing the present writ-applicantion under Article 226 of the
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