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VAIBHAVI D. NANAVATI
Gadhavi Ramsinh Ishwardan – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard Mr. Jigar Gadhavi, the learned advocate appearing for the petitioners and Mr. S.P. Hasurkar, the learned advocate appearing for the respondent Nos.2, 3 and 4.
2. By way of present petition, the petitioners herein have prayed for the following reliefs:
(A) YOUR LORDSHIP may be pleased to issue writ of mandamus and/or any other writ, order or direction in the nature of mandamus declaring the action of installation of 66 K.V Mehsana Kherva Electricity Line passing through the land of the Petitioners bearing Revenue Survey No.287 falling within the revenue limits of Village: Kukas, Taluka and District: Mehsana as illegal, arbitrary, unjust, improper and against the law, it being contrary to the Government Gazette dated 11.02.2021; Ann "B"
(B) YOUR LORDSHIP may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus quashing and setting aside the decision of the Respondent No.3 - Executive Engineer (Const.), GETCO, Mehsana dated 26.08.2022 and further be pleased to direct the Respondent - Electricity Company to consider the case of the Petitione
The main legal point established in the judgment is that the laying down of the electricity line was found to be in accordance with the law, and the petitioners were advised to seek recourse under Se....
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 ....
The main legal point established in the judgment is that once the technical feasibility of an electricity project is approved by the appropriate Government, the landowner has no right to object to th....
The court upheld the statutory authority to lay electricity lines, prioritizing public interest over individual objections.
Section 10(d) there are two mandatory requirements; (1) Telegraph Authority shall do as little damage as possible; and (2) to pay full compensation to all persons interested for the damage sustained ....
Section 164 of Electricity Act, 2003, no land owner or person interested can seek for shifting or realigning of the route, on the premise that the District Collector-cum-District Magistrate, has powe....
Section 17 of Act, 1885 provides for removal or alteration of telegraph line or post on property other than that of a local authority.
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