[2025:RJ-JD:52698]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 23639/2025 Budharam S/o Shri Kumbharam, Aged About 45 Years, Resident Of Dudi Nagar Alias Bhaktinagar, Tehsil Aau, District Phalodi, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary To The Government, Department Of Energy, Government Of Rajasthan, Secretariat, Jaipur.

2. Rajasthan Vidyut Prasaran Nigam Limited, Jodhpur Through Its Managing Director.

3. District Collector, Phalodi.

4. Cyclic Energy Power Limited, Having Its Registered Office At 2Nd Floor, Square One Mall, Saket Business District, Court Chowk, Pushp Vihar, South Delhi, New Delhi-

110017 Through Its Authorized Representative.

----Respondents For Petitioner(s) : Mr. Ankit Choudhary For Respondent(s) : Mr. SR Paliwal, GC HON'BLE DR. JUSTICE NUPUR BHATI

Order

05/12/2025

1. The present writ petition has been filed by the petitioner with the following reliefs:-

“a)by an appropriate writ, order or direction the writ petition filed by the petitioner may kindly be allowed.

b)by an appropriate writ, order or direction, the respondents may kindly be restrained from laying any high-tension electricity transmission line, erecting poles or carrying out any related activity on the petitioner's agricultural land without following due process of law.

c)by an appropriate writ, order or direction, respondents may kindly be directed to strictly follow/adhere mandatory safety norms while laying electricity transmission line in the area in future.

d)by an appropriate writ, order or direction, respondents may also kindly be directed to first initiate acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if they still propose to use the petitioner's land for erection of HT lines and to determine and pay fair compensation after giving notice and opportunity of hearing to him as per law.

e)by an appropriate writ, order or direction and in the alternative, the respondents authorities may kindly be directed to consider and decide the representation (Annx.5) submitted by the petitioner strictly in accordance with law/rules/guidelines on the issue.

f).Any other appropriate order, which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

2. Brief facts of the case are that the petitioner, an agriculturist by occupation, is the recorded khatedar of agricultural land comprised in Khasra Nos. 1071 and 1072 situated in Village Dudi Nagar @ Bhaktinagar, Tehsil Aau, District Phalodi. The petitioner cultivates this land for his livelihood, resides in a house constructed thereon, and uses it for keeping cattle and storing cattle feed. Adjacent land bearing Khasra No. 1310/1068, owned by Smt. Usha Kanwar, Smt. Priyanka Rathore and Himmat Singh, has been leased to a private respondent company for establishing a 100 MW Solar Plant. After that for connecting the plant to the 220 KV GSS at Village Aau, the private respondent company is laying an electricity transmission line and has already erected high-tension (HT) electricity poles on both sides of the petitioner’s agricultural land, proposing to pass the HT line through the middle of his field. The proposed alignment, which fails to maintain required safety clearances, poses a serious risk to the petitioner, his family, and his cattle. Despite using his land for residential and agricultural purposes, no proceedings for acquisition have been initiated, nor any compensation paid before encroaching upon his land for laying transmission lines. Repeated representations by the petitioner to the district administration, respondent authorities, and the private respondent company requesting realignment of the transmission line have gone unaddressed. Instead, the respondents continue with the illegal work without considering his grievance. Hence, the writ petition.

3. Learned