NEUTRAL CITATION

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R/SPECIAL CIVIL APPLICATION NO. 14617 of 2022 ==========================================================

PARTH KRISHNKANT PATEL Versus MANAGING DIRECTOR/ GENERAL MANAGER (LEGAL CELL)

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Appearance:

MR SHITAL R. PATEL, ADVOCATE for MR. KISHAN H DAIYA(6929) for the Petitioner(s) No. 1 for the Respondent(s) No. 1,2,3,4,5,6,7 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 01/08/2022

ORAL ORDER

1. In the present writ petition, the petitioner has inter alia prayed for the following prayers.

“[A] To issue any appropriate writ or direction to respondent/s No. 1 to 3 either Jointly or Individually by way of mandamus directing them to install the suitable transmission line of 220 KV underneath Final plot no. 67 Chandkheda of petitioner inside boundary edge of FP suitably to the extent causing minimum damage to the petitioner in the interest of justice on suitable terms and condition.

In alternative and without prejudice [B] To pass a restrain order of permanent nature from changing in KV from 132 to 220 KV transmission overhead line to be operational which may pass from the final plot of the petitioner in the peculiar facts of the present case [C] Pending the hearing and final disposal of this petition, direct the respondent No.4 - Chief Electricity Inspector and/or any other competent authority in law restraining from transmission line in question passing from the FP no. 67 to be operational in the facts of the present case.”

2. It is the case of the petitioner that due to the overhead KV electric line which passes from the private land of the petitioner, the value of the land has deteriorated and the same is laid without any consent from the petitioner.

3. Learned advocate Mr.Shital Patel, appearing for Mr.Kishan Daiya, for the petitioner has submitted that the aforesaid electric line passes from the final plot of the petitioner and such electric line could not have been laid down without his consent or without giving any notice to him. It is submitted by him that in case of other citizens, the transmission line, which was going overhead, has been shifted to underground, whereas in the case of the present petitioner though he has requested the same but it is not shifted to underground and by such an action of laying the transmission line overhead, the value of the plot belonging to the petitioner has been reduced considerably. It is submitted by him that the respondents may be directed to lay the transmission underneath the final plot of the petitioner so that the value of the petitioner land may not be deteriorated. It is further submitted that since KV of transmission line is increased from 132 to 220 KV, the development / FSI margin set back affecting drastically and virtually diminishing the value of the whole property of the petitioner. He has submitted that because of this, the plot has been divided in two half and other half has become redundant.

4. I have heard learned advocate for the petitioner. I have also perused the documents placed by the learned advocate for the petitioner.

5. The grievance of the petitioner is with regard to laying down the towers as well as the transmission lines overhead of his plot, which has reduced the value of the plot.

6. At this stage, it would be apposite to refer to the judgment of the Division Bench of this Court passed in Letters Patent Appeal No.534 of 2022 dated 06.11.2020, in the case of Gujarat State Electricity Transmission Corporation Ltd., Vs. Ratilal Maganji Brahmbhatt, [(AIR 2021 CC 1044)] and in the case Himmatbhai Vallabhbhai Patel Vs. Chief Engineer (Projects) Gujarat Energy Transmission and others [(2011) 2 GLH 781. The Division Bench, while considering the analogous issue, in case of Himmatbhai Vallabhbhai Patel, (supra)

has held thus : -

“51. We are of the view that it cannot be said that the land has been selected in breach of any of the

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