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2026 Supreme(Guj) 1170

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK, J.
Vijaybhai Karshanbhai Panchasara Ans Ors. – Petitioners
Versus
Collector And District Magistrate, Morbi And Ors. – Respondents
R/Special Civil Application No. 14772 Of 2025
Decided On : 10-04-2026

Advocates Appeared:
For The Petitioner: Mr Vicky B Mehta
For The Respondent:Ms Nirali Sarda, Asst. Government Pleader, Mr Percy Kavina, Senior Advocate With Mr Jeet J Bhatt

Licensees under the Electricity Act, when empowered under Section 164, possess statutory authority to install transmission lines on private land without landowner consent. The Magistrate’s role under Section 16(1) of the Telegraph Act is a summary administrative function, with compensation disputes exclusively reserved for the District Judge.

Headnote:(A) Electricity Act, 2003 - Sections 67, 68, 164 - Indian Telegraph Act, 1885 - Sections 10, 16 - Constitution of India - Article 226, 227, 300A - Transmission lines - Statutory authorization - Power of licensee - Private land - Consent not required - The exercise of power under the Electricity Act, when authorized under Section 164, confers upon the licensee the powers of a telegraph authority, which does not require the prior consent of the landowner for the installation of electricity lines. (Paras 11.2, 11.3)

(B) District Magistrate - Role under Section 16(1) of the Telegraph Act - Summary administrative function - The role of the Magistrate is to address factual resistance or obstruction to the execution of public utility projects and not to act as a forum for determining complex property titles or detailed compensation disputes. (Paras 8.1, 8.2, 11.2)

(C) Compensation - Section 10(d) and 16(3) of the Telegraph Act - Remedy for insufficiency - Any dispute regarding the quantum or sufficiency of compensation for damages sustained by the exercise of statutory powers is specifically relegated to the jurisdiction of the District Judge under Section 16(3), ensuring that landowners retain their right to seek adequate remediation. (Paras 8.1, 12.1)

Facts of the case:
Affected landowners challenged an order passed by the District Magistrate which permitted a utility company to lay overhead transmission lines across their private agricultural holdings. The petitioners contended that the project required their prior consent, that there were procedural illegalities in the administrative process, and that the order lacked sufficient consideration of the impact on their livelihoods and the availability of alternative routes.

Findings of Court:
The court found that projects involving transmission of electricity for public benefit take precedence over individual private property interests. Once authorization is granted under the relevant provisions of the electricity legislation, the licensee is permitted to place infrastructure across land without consent. The court held that the magistrate’s impugned order was a lawful administrative decision to remove obstruction, provided that the obligation to pay compensation for damages remained enforceable.

Issues: Whether the installation of transmission lines on private property requires landowner consent, and whether the District Magistrate’s order under the administrative powers of the Telegraph Act was legally sustainable.

Ratio Decidendi: The legal framework confers overriding statutory authority upon licensed utility providers to erect infrastructure on private land in the public interest. Judicial review of an administrative order permitting work is limited to ensuring the procedure is not arbitrary; substantive compensation disputes are to be ventilated before the specifically designated authority and not by way of obstructing the execution of the project itself.

Result: Petition dismissed.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. RULE returnable forthwith. Learned Assistant Government Pleader Ms. Nirali Sarda, waives service of notice of Rule for and on behalf of the respondents – State Authorities and learned counsel Mr. Jeet Bhatt, waives service of notice of Rule for and on behalf of the respondent No.6 - Company.

2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.

3. By way of present petition under Article 226, 227 & 300A of the Constitution of India read with the provisions of the Indian Telegraph Act, 1885 (hereinafter be referred to as “the Act”), petitioner has prayed for the following reliefs :

“a) The Hon’ble court may be pleased to issue the writ of Certiorari or any appropriate writ, order or direction in the nature of Certiorari by quashing and setting aside order dated 29.07.2025 passed by Ld. Collector and District Magistrate, Morbi in J/MAG-2/ETA CASE/Regi No. 34 of 2024; At Ann. N

b) Pending admission and final hearing of this petition, Your Lordships may be pleased to stay the operation, implementation and execution of the orders dated 29.07.2025 passed by Ld. Collector and District Magistrate, Morbi in J/MAG-2/ETA CASE/Regi No. 34 of 2024, in the interest of justice; At Ann. N

c) Grant such other and further relief/s as may be deemed fit and proper in the interest of justice.”

4. Brief facts giving rise to the present petition are that, the petitioners are the owner and possessor of the land bearing revenue survey no. 791, 730, 721 paiki 3, 654 paiki 1, 651/2 paiki 1, 632 paiki 1, 599, 591/2 paiki 1/ paiki 2, 310 paiki 1, 313/ paiki 2, 313/ paiki 1, 243/1 paiki 12, 336 paiki 1, 239 paiki 2, 431 paiki 2, 419 paiki 1, 418 paiki 4, 408 paiki 3 of the village Jetpar, Taluka and District Morbi. It is the case of the petitioners that, M/s Halvad Transmission Ltd. had applied for authorization under section 164 of the Electricity Act, 2003 for laying of overhead transmission line under the transmission scheme "Transmission system for evacuation of additional 7GW of RE power from Khawda RE park under phase III part A" and the list of the villages which cover the transmission line was also stated in the order dated 09.09.2024 passed by the Ministry of Power, which was granted pursuant to the application under section 164 of the Electricity Act. That, prior to the order dated 09.09.2024 passed by the Ministry of Power, the District Magistrate, Morbi issued a notice by letter dated 08.04.2024 to remain present before the Sub-Divisional Magistrate, Morbi for the hearing and therefore, the petitioner and others raised an objection for initiation of premature proceedings by the Sub-Divisional Magistrate, Morbi. That, on 10.09.2024, Halvad Transmission Ltd. issued a notice to the petitioner for insertion of electric polls. That, the petitioner submitted an application seeking adjournment in a case instituted against him for providing all the relevant documents, which the petitioner was entitled to receive from the legitimate applicant company, and only after receiving the said documents, the petitioner could file an objection/reply in response to the notice issued by the Company. That, the State of Gujarat has passed a notification dated 14.08.2017 and 01.03.2024 providing for the guidelines for evaluating the compensation, pursuant to which, the Sub-divisional Magistrate, Morbi, submitted a proposal on 25.02.2025 to the Collector and District Magistrate with regard to the case against petitioner under section 16(1) of the Act. That, the District Magistrate issued a notice under section 10(D) of the Act on 07.03.2025 to the petitioner, pursuant to which, the petitioner submitted an adjournment application before the Collector and District Magistrate, Morbi, for submitting objection on the ground that the petition number 61/TL/2024 of the respondent Company is pending before the Central Electricity Regulatory Commission, New Delhi, and approval has not be

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2026 Supreme(Guj) 1170

IN THE HIGH COURT OF GUJARAT AT AHMEDABADHEMANT M. PRACHCHHAK, J.Vijaybhai Karshanbhai Panchasara Ans Ors. – Petitioners VersusCollector And District Magistrate, Morbi And Ors. – Respondents R/Special Civil Application No. 14772 Of 2025Decided On : 10-04-2026

Cases Referred (1)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK, J.
Vijaybhai Karshanbhai Panchasara Ans Ors. – Petitioners
Versus
Collector And District Magistrate, Morbi And Ors. – Respondents
R/Special Civil Application No. 14772 Of 2025
Decided On : 10-04-2026