Advocates:
['HASIT DAVE', 'NOTICE SERVED BY DS', '', 'SP HASURKAR']

C/SCA/18334/2011 CAV JUDGEMNT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION NO. 18334 of 2011

With

SPECIAL CIVIL APPLICATION NO. 3768 of 2012

TO

SPECIAL CIVIL APPLICATION NO. 3776 of 2012

With

SPECIAL CIVIL APPLICATION NO. 6221 of 2011

With

SPECIAL CIVIL APPLICATION NO. 2744 of 2012

With

SPECIAL CIVIL APPLICATION NO. 871 of 2012

With

SPECIAL CIVIL APPLICATION NO. 3131 of 2012

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE JAYANT PATEL

and

HONOURABLE MR.JUSTICE Z.K.SAIYED

================================================================

1

Whether Reporters of Local Papers may be allowed to see

the judgment ?

2

To be referred to the Reporter or not ?

3

Whether their Lordships wish to see the fair copy of the

judgment ?

4

Whether this case involves a substantial question of law as

to the interpretation of the Constitution of India, 1950 or any

order made thereunder ?

5

Whether it is to be circulated to the civil judge ? Yes but to

all P.D.J. and A.D.J., of the State

Page 1 of 90

C/SCA/18334/2011 CAV JUDGEMNT

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DILIP SINGH CHAUHAN & 7....Petitioner(s)

Versus

GUJARAT URJA VIKAS NIGAM LTD & 3....Respondent(s)

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Appearance:

MR HASIT DILIP DAVE, ADVOCATE for the Petitioner(s) No. 1 – 8

MR NIRAV MISHRA WITH RK MISHRA, ADVOCATES for the Petitioner(s)

MR KK TRIVEDI, ADVOCATE for the Petitioner(s)

MR AJ YAGNIK, ADVOCATE for the Petitioner(s)

MR VIRAL K SHAH, ADVOCATE for the Petitioner(s)

MR DIGANT POPAT, ADVOCATE for the Petitioner(s)

MR MIHIR THAKORE, LD. SR. ADVOCATE WITH MR SP HASURKAR,

ADVOCATE for the Respondent(s) No. 1 – 4

MR MIHIR JOSHI, LD. SR. ADVOCATE WITH MR SUNIL JOSHI, ADVOCATE

for the Respondent(s)

MR BS RAJU,ADVOCATE for the Respondent(s)

MR KAMAL TRIVEDI, LD. SR. ADVOCATE WITH MR KB PUJARA,

ADVOCATE for the Respondent(s)

MR JAYSWAL, AGP for the State

NOTICE SERVED for the Respondent(s) No. 3

================================================================

CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL

and

HONOURABLE MR.JUSTICE Z.K.SAIYED

Date : 29/08/2013

CAV JUDGEMNT

(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)

1. As in all the petitions, common questions arise

for consideration, they are being considered

simultaneously.

Page 2 of 90

C/SCA/18334/2011 CAV JUDGEMNT

2. Special Civil Application No.18334 of 2011:-

This petition has been preferred by the

petitioners seeking appropriate writ to direct

respondent No.1 to adopt and accept viable mode

and method for laying down of 400 KV line

(hereinafter referred to as ‘Transmission Line’

for the sake of convenience) and it is further

prayed by the petitioners to direct the

respondents to follow due process of law in

carrying out the works of proposed Mundra Hadala

Transmission Line at Village Susvav and to award

the prescribed compensation as per the legal

provisions.

3. The short facts of the case of the petitioners is

that they are agriculturists having their farms

and the respondent Electricity Company is

proposing to lay down heavy voltage lines through

their farms. As per the petitioners when it was

proposed, the villagers had pointed out the

difficulties in the proposed route of lines and

had suggested alternative better route. However,

the respondents did not agree and it is the case

of the petitioners that the respondents issued

crop damage notice and the respondents are

Page 3 of 90

C/SCA/18334/2011