The authority under the Indian Telegraph Act has the right to lay transmission lines on private property, prioritizing public interest and following due process, including compensation for any damage.

ORDER :

1. The present Special Civil Application has been preferred praying for the following reliefs:-

“A) That this Hon’ble Court be pleased to issue appropriate writ, order or direction, quashing the impugned order dated 30.08.2024 passed in Application No. MAG/TELIGRAPH ACT/765 KV KHAVDA TRANSMISSION LINE/VASHI 2323/2024 (Annexure A).

B) That this Hon’ble Court be pleased to issue appropriate writ, order or direction, restraining the respondents from laying the Line being 765KD DC Ahmedabad - Navsari line from the lands of the petitioners and further be pleased to direct them to take the line from the alternative route as proposed by the petitioners (Annexure J).

C) That pending admission, hearing and final disposal of this petition, this Hon’ble Court be pleased to stay the implementation, operation and execution of the order dated30.08.2024 passed in Application No. MAG/TELIGRAPH ACT/765 KV KHAVDA TRANSMISSION LINE/VASHI.2323/2024 (Annexure A).

D) Pending admission, hearing and final disposal of this petition, this Hon’ble Court be pleased to direct the respondents to restrain from laying the Line being 765KD DC Ahmedabad - Navsari line from the lands of the petitioners.

E) That ad-interim injunction in terms of para (D) may be granted.

F) That any other and further relief that is deemed fit and expedient in the interest of justice be granted.”

2. The brief facts leading to the filing of the present petition are that the petitioners are the joint owners and occupiers of the lands bearing block/survey Nos. 81, 93, 95, 100, 101, 102, 103, 104, 105, Village Segva, Taluka Kamrej, District Surat, admeasuring 3,18,025 sq. mtrs. That the petitioners were desirous of developing the lands and therefore, an application was given to the Town Planner, Surat for permission to develop the said lands. That thereafter, the development permission was granted to develop 643 industrial units on the lands of the petitioners. As per the sanctioned plans, the constructions on the lands in question were going on and the petitioners had also sold the plots to various persons. That on 16.03.2024, the petitioners received a notice from the respondent No.3 M/s. Powergrid Khavda II-C Transmission Ltd., Navsari stating that they propose to undertake the construction of transmission line package TLO2 765 KV DC Ahmedabad - Navsari Transmission Line Project and for the said project, the said respondent has to lay overhead transmission line from the lands of the petitioners and other land holders. That thereafter, the petitioners made a representation on 11.03.2024 before the Collector, Surat, raising an objection with respect to Tower No.217/0, which was passing through the lands of the petitioners. The petitioners raised an objection that the lands in question were already granted N.A. permission and therefore, the lands were not agricultural lands. That various plots were amalgamated and a huge industrial estate in the name of Gopin Industrial Park was being established by the petitioners and therefore, laying of the high power transmission lines would affect the huge number of people. The Collector was, therefore, requested to consider the case of the petitioners and alter the route of the transmission line. That thereafter, on 13.03.2024, the petitioners again made a representation to the respondent No.3 indicating various factors and requesting for altering the route of transmission line. That in the meantime, the respondent No.2 initiated the proceedings under the Telegraph Act, 1885 and the notice dated 30.05.2024 came to be issued to the petitioner No.1 calling upon him to remain present for hearing on 06.06.2024. That thereafter, vide letter dated 30.08.2024, the respondent No.2 Collector directed the State machinery to help the respondent No.3 in laying of transmission line ignoring the objection raised by the petitioners. Aggrieved, the petitioners have filed the present Special Civil Application.

3. Vide order dated 28.10.2024, this Court, while iss