IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 639 of 2026 ================================================================

KAVIBEN VIKRAMBHAI BAIDIYAVADRA & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR MITUL K SHELAT, SENIOR ADVOCATE ASST. BY MR ASIT B JOSHI(2567) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9 MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2 and 4 MR JAY KANSARA, FOR M/S WADIAGHANDY AND CO(5679) for the Respondent(s) No. 3 MR MAULIK R SHAH(6385) for the Respondent(s) No. 5 ================================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 10/02/2026

ORAL ORDER

1. By the present writ petition, the petitioners are praying for the following reliefs:-

“(A) YOUR LORDSHIPS be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, quashing and setting aside the impugned order dtd. 01.01.2026 passed by respondent no. 2 (Annexure 'A') as being illegal, arbitrary, unjust, unreasonable, contrary to the evidence on record as also in gross violation of Principles of Natural Justice and also violative of Art. 19 of Constitution of India, in the interest of justice and equity.

(B) YOUR LORDSHIPS be pleased to stay the implementation, execution of the impugned order dtd. 01.01.2026 passed by respondent no. 2 (Annexure 'A') pending, hearing, admission and final disposal of the present petition in the interest of justice and equity.

(C) YOUR LORDSHIPS be pleased to issue suitable direction to respondent no. 2 and 3 authority to consider the request of the petitioners to re-consider / re-assess the path of electricity poles and high tension line so as to establishand install in straight path, without giving any deviation or curve so as to save the / exclude the agricultural field of the petitioners and till the decision is taken by respondent no. 2, be pleased to direct respondents to maintain status quo in respect of impugned order, in the interest of justice and equity.

(D) YOUR LORDSHIPS be pleased to grant such other and further relief's as deemed fit in the interest of Justice;

2. It is the case of the petitioners that at the relevant time while issuing the notice to the petitioners, the topo sheet prescribing the route of the transmission lines is not furnished to the petitioners. Further, it is the case of the petitioners that there is a deliberate deviation in the route of transmission lines. Instead of laying down in a straight line, the said transmission lines have been laid causing maximum damage to the agricultural fields of petitioners, which is not permissible in law since the transmission lines have to be laid causing minimum damage to the private property.

3. Learned Senior Advocate Mr.Mitul Shelat appearing for the petitioners submits that the petitioners have raised a specific contention in respect of the mala fide intention in designing the transmission lines and therefore, it is obligatory on the part of the Respondent No.2 to address the grievance of the petitioners while adjudicating the objections raised before him.

4. Learned Senior Advocate Mr.Shelat submits that when the panchrojkam was carried out on 12.04.2025, the petitioners had categorically objected to and sought justifiable reasons for giving deviation curve to the transmission lines route instead of laying in a straight line. He submits that the petitioners have also not been provided any of the documents, which were submitted by the respondent no.5-Company during the hearing before the Collector. He submits that even in the objections raised to the notice dated 21.03.2025, the petitioners have specifically asked for the approved layout plan along with other relevant documents, whereby such route has been approved. He submits that though the petitioners are not against the laying down of the transmission lines, however in the proceedings under Section 16 before the Collector, th