JUDGMENT :

1. RULE returnable forthwith. Ms. Dixa Pandya, learned AGP waives service of notice of Rule for and on behalf of the respondent No.1 and Mr. S.P. Hasurkar, learned counsel waives service of notice of Rule for and on behalf of the respondent Nos. 2 and 3.

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 14, 21, 226 & 300A of the Constitution of India r/w the provisions of Section 6 r/w Section 164 of the Electricity Act, 2003 & Works of Licensees Rules, 2006 and under the provisions of the Section 10 of the Indian Telegraph Act, 1885 and Rule 11 of the Indian Telegraph Right of Way Rules, 2006, petitioner has prayed for the following reliefs :

“9(A) This Hon'ble Court may kindly be pleased issue to writ of mandamus or any other appropriate writ, order, or direction in nature of mandamus directing respondent authorities to carry out survey for alternate route for laying down of heavy electric line on the land in question and finalise the route which causes minimum damage to private property;

(B) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may kindly be pleased to direct respondent authorities to grant status quo in respect of the lands in question and in respect of the impugned action of installing the electric lines and poles;

(C) Ex-parte/Ad-interim relief in terms para (B) above be granted;

and;

(D) Such other and further relief(s) as are deemed fit in the interest of justice and equity be granted.

4. Brief facts giving rise to the present petition are that, the Petitioners are the owners and in possession of land bearing Survey Nos. 99, 100 and 105 situated at Village Hirapur, Taluka Sanand, District Ahmedabad, and Survey Nos. 1072 and 1073 situated at Village Kunvara, Taluka Sanand, District Ahmedabad (hereinafter referred to as “the lands in question”), and are carrying out agricultural activities thereon.

4.1 The Respondent authorities are proposing to lay a 66 KV High Tension electric line from 400 KV Charal Sub-Station to Vendor Park, Chharodi, passing through the lands in question. In this regard, undated notices in the year 2019 were issued to the Petitioners.

4.2 The proposed alignment is highly inconvenient and impractical, causing undue hardship to the Petitioners, despite the availability of a more viable and less damaging alternative route, as reflected in the maps produced by the Petitioners.

4.3 The Respondents preferred applications under the Telegraph Act and the Electricity Act before the Ld. Collector, Ahmedabad (Hirapur Case No.10/2021 and Kunvara Case No.11/2021), seeking permission to erect towers and lay the electric line. By orders dated 01.04.2022, the Ld. Collector allowed the said applications. A Regular Civil Suit No. 141 of 2020 is also pending before the Ld. Civil Judge, Sanand.

4.4 Since 2022, only five towers have been constructed and no further work was carried out, leading the Petitioners to believe that the route had been altered. However, recently the Respondents have resumed survey activities on the Petitioners’ land for further construction, giving rise to the present Petition.

5. Being aggrieved and dissatisfied with the in action on the part of the respondents, the present petition is preferred.

6. Heard Mr. Abhichandani learned counsel for Kumar H. Trivedi, learned counsel appearing on behalf of the petitioners, Ms. Dixa Pandya, learned Assistant Government Pleader for the respondent No.1 and Mr. S.P. Hasurkar, learned counsel appearing on behalf of respondent Nos. 2 and 3.

7. Learned counsel for the petitioners has submitted that the action of the Respondent Authorities in laying and installing a high-tension electric line over the land in question is illegal, arbitrary, unsustainable, and in violation of the principles of natural justice. He has submitted that the Respondent Authorities have failed to consider the relevant provisions of the