The court upheld the validity of the District Magistrate's order permitting the laying of a transmission line, affirming that adequate notice and opportunity were provided to affected farmers, thus adhering to principles of natural justice.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Issue RULE, returnable forthwith. Mr. Akshat Khare, learned advocate and Ms. Dhwani Tripathi, learned Assistant Government Pleader waive service of Rule for and on behalf of the respondent nos. 6 and 7 and respondent-State authorities receptively.

2. Heard Mr. A.J. Yagnik, learned advocate appearing for the petitioners, Mr. Akshat Khare, learned advocate appearing for the respondent nos. 6 and 7 and Ms. Dhwani Tripathi, learned Assistant Government Pleader appearing for the respondent-State authorities.

3. Brief facts leading to the filing of the present Petition reads thus:

3.1. The petitioners herein are the farmers and agriculturists, whose lands are situated within the revenue limits either of Patan, Saraswati or Chanasma Taluka of District: Patan and who are affected by 765 KV D/C Banaskantha - Ahmedabad Transmission Line Project to lay down overhead transmission line from the lands of the petitioners. The respondent no. 6 herein having undertaken construction of the aforesaid transmission line project, approached the respondent - District Magistrate under Section 16(3) of the Indian Telegraph Act, 1885, seeking permission to lay down transmission line.

3.2. The respondent-District Magistrate by impugned order dated 05.02.2024 duly produced at Annexure-A, Page-34, after granting opportunity of hearing to the stakeholders granted permission to lay down the aforesaid transmission line, taking into consideration the representation for giving permission for installing electric poles and electric lines under the project for linking the 765 KV Banaskantha Sub Station (Power Grid) with 765 KV Ahmedabad (new) Power Grid sub station as well as representation of the affected farmer account holders and the company is ordered to pay the compensation as per rules under the provisions of the government for the loss of land to be caused due to work of tower base and corridor and the compensation for loss caused to the standing crops shall be paid as prescribed by the concerned Mamlatdar. Furthermore, in case of mutation in possession due the resurvey, the measurement of land be conducted and it be ensured that compensation is paid to the affected farmers after measurement is carried out, correction is made in record and implementation is made accordingly.

3.3. The aforesaid order dated 05.02.2024 passed by the respondent-District Magistrate is the subject matter of challenge by filing the present petition, wherein, petitioners herein have prayed for the following reliefs:

“10. In view of above the Hon'ble Court may be pleased to exercise Writ Jurisdiction under Article 226 of the Constitution of India and issue Writ of Mandamus and/or Writ of Certiorari or any other appropriate Writ or pass order or direction in the nature of writ and thereby:

“(A) Your Lordships be pleased to hold and declare that the impugned order dated 05.02.2024 annexed at Annexure-A passed by the Respondent District Magistrate, Patan District under the provisions of the Indian Telegraph Act, 1885 is in violation of principles of natural justice and in violation of due process of law and hence illegal and unconstitutional and violative of fundamental rights of the petitioners and Be Further Pleased to quash and set aside the same.

(B) Your Lordships be pleased to hold and declare that the entire process of acquisition of Easementary rights and/or User Rights from the lands of the petitioners having been undertaken without following due process of law and without publication of public notice in prominent newspapers having circulation in the region of the petitioners and thereby restricting and frustrating the rights of the petitioners in raising objections is illegal, malafide, manifestly arbitrary, violative of fundamental and statutory rights of the petitioners and hence vitiates the entire process and all consequential proceedings and thereby Be Further Pleased to quash and set aside the order dated 05.02.2024 passed by the District M