ORAL JUDGMENT

1. The present writ-application has been filed under Article 226 of the Constitution of India seeking the following reliefs :-

“(A) Your Lordships may be pleased to allow the present Petition and issue writ of certiorari or any other appropriate writ, order or direction andquash and set aside notice dated 2- 06.2021 issued by the Respondent Authority, annexed here with Annexure-A.

(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 writ-

applicant 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 writ- applicant 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